Wyoming among states suing feds over Title IX

(The Center Square) – Wyoming is part of a group of states suing the Biden administration over changes to Title IX.

The coalition, which also includes Kansas, Utah, Alaska, and private parties, argues the new rules run counter to the “core principles of Title IX.”

Passed in 1972, Title IX states that “no person in the United States shall, on the basis of sex, be excluded from participation … or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The Biden administration wants to change the word “sex” to include gender identity, but critics say it’s a violation of Title IX for females to have to share bathrooms, locker rooms, and/or sporting events with biological males.

The states “sue to defend their interest in the continued receipt of federal education funds based on a reliance on biological reality and Title IX, a reliance on the fact that biological males are different from biological females and a reliance on the fact that Title IX was always explicit in its protection of biological females in educational programs and activities, including sports,” the complaint says. “The States sue to ensure that women and girls can enjoy the benefits, opportunities, and other rewards from these programs and activities that they are entitled to under the law.”

“[Wyoming] adamantly upholds its core principles of fairness, privacy and the sanctity of women’s sports, opposing any imposition of ambiguous standards that threaten these ideals,” Gov. Mark Gordon said in a press release. “This is yet another instance of federal overreach, seeking to impose a new interpretation on a longstanding law.”

In an April press release announcing the final Title IX regulations, the U.S. Department of Education said the rules are effective on August 1, 2024. The department also said the rules will apply to complaints of alleged sex discrimination on or after August 1st.

Wyoming Superintendent of Public Instruction Megan Degenfelder vowed the state will never allow “outrageous political agendas” to get in the way of efforts to protect Wyoming girls.  

“Not in bathrooms, not in education, not in sports,” said Degenfelder.

The lawsuit also raises concerns about First Amendment rights of school faculty, staff members, and or students of faith that will be expected to use preferred pronouns for transgender people on campus.

“The States also sue to prevent all students, parents, teachers, volunteers, and school staff from having their privacy invaded by having to share restrooms, locker rooms, and overnight accommodations with those of the opposite sex,” the lawsuit adds. :Finally, the States sue to ensure that they are not coerced by DoEd and DOJ into violating the First Amendment rights of students, teachers, and other school employees who disagree with the dictates of the Final Rule.”

Other states are also suing over the Title IX changes.