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Mississippi among states challenging...

Mississippi among states challenging Biden Administration’s broadened Title IX rule

By: Frank Corder - April 29, 2024

President Joe Biden speaks in the Roosevelt Room of the White House, Sunday, Oct. 1, 2023, in Washington. (AP Photo/Manuel Balce Ceneta)

  • Louisiana, Mississippi, Montana and Idaho sue the U.S. Department of Education over new rule that expands Title IX to include “sexual orientation, gender identity.”

Mississippi Attorney General Lynn Fitch (R) has joined the attorneys general from Louisiana, Montana, and Idaho in challenging the Biden Administration’s new Title IX final rule that broadens the federal law to prohibit discrimination based on “sex stereotypes, sexual orientation, gender identity, and sex characteristics.”

Attorney General Lynn Fitch
Attorney General Lynn Fitch

“Title IX has been a game-changer for generations of women,” said Attorney General Fitch. “For more than fifty years, it has given girls an opportunity to compete on a level playing field and offered them a fair chance to excel. The Biden Administration’s pursuit of an extremist political agenda here will destroy these important gains.”

Fitch says under this new rule, “safe and private spaces for women to engage in healing, fellowship, and support will be torn away” from girls and women. She said the Biden Administration’s legal theories “are novel, at best, and they cut legal corners to push them through, and we intend to defeat this rule in the courts.”

As previously reported, the original intent of the 1972 law was to give women an equal playing field in educational attainment, particularly at public schools and institutions of higher learning that receive federal financial aid. However, presidential administrations supportive of the LGBTQ movement have used Title IX to expand protections and access for people who identify as lesbian, gay or transgender.

READ MORE: Biden Administration broadens Title IX to include sexual orientation, gender identity

The new Biden Administration rule handed down by the U.S. Department of Education also places additional requirements on schools to communicate their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs, among other mandates.

Failure to comply with the new rule could result in the loss of federal funding and legal action taken by the federal government against local schools.

Louisiana Attorney General Liz Murrill (R) is leading the challenge for the states in the case titled Louisiana v. The U.S. Department of Education. In a release announcing the filing, Murrill’s office called the expansion of Title IX rules “illegal,” saying it would apply burdensome requirements on nearly every school, college, and university in Louisiana and across the nation.

“This would deprive women and girls of the equal educational opportunities they struggled for decades to secure, and cost states billions of dollars to implement,” the Louisiana AG’s office states, adding, “The rules rewrite Title IX, requiring all schools, colleges, and universities that receive federal assistance across the country to disregard the concept of biological ‘sex.'”

The attorneys general claim in the lawsuit that the new Title IX rule “cannot help but sound the death knell for female sports.” They say their challenge is intended to “save Title IX.”

Fitch told Magnolia Tribune she joined the lawsuit to protect women’s privacy, safety and opportunity, saying the rule “puts an extremist political agenda ahead of Mississippi girls.”

Read the full lawsuit below.

About the Author(s)
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Frank Corder

Frank Corder is a native of Pascagoula. For nearly two decades, he has reported and offered analysis on government, public policy, business and matters of faith. Frank’s interviews, articles, and columns have been shared throughout Mississippi as well as in national publications. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father. Email Frank: