AG Marshall announces another court victory against the Biden administration's revision of Title IX

Attorney General Steve Marshall announced another victory in his ongoing fight against the Biden administration's attempts to add gender identity definitions to the protections provided by Title IX.

The 11th Circuit Court of Appeals ruled Thursday that Alabama, Florida, Georgia and South Carolina are not compelled to implement the proposed changes while the issue is being decided in a higher court. In recent months, 26 states have successfully obtained preliminary injunctions against the rule, granting them similar protections.

The Biden administration unveiled its changes to the 52-year-old law in April. The U.S. Department of Education announced an “update” to the Title IX code, the broad name for a civil rights law that prohibits sex discrimination in education. The changes, which take effect nationwide on Thursday, add gender identity and sexual orientation to the list of federally protected groups. They also redefine sexual harassment and expose teachers and students to liability for using biologically correct pronouns. Schools risk losing federal funding if they don't comply with the changes.

Earlier this month, the United States Supreme Court (SCOTUS) also ruled in favor of several states, prohibiting the federal government from enforcing the entire rule change while the case is still being heard. Every state that had sought an injunction against the proposed rules received one from the district or superior courts.

In its decision Thursday, the 11th Circuit affirmed a previous preliminary injunction and asserted that the plaintiffs had a substantial likelihood of success in their argument that the proposed rule change would cause irreparable harm to the state because it would violate existing Alabama laws.

“[We] concluded that Title IX's definition of 'sex' to include 'gender identity' 'ignores the statutory framework' because it would render meaningless the many sex-based exceptions in Title IX and 'would provide more protection under the Act and its implementing regulations against discrimination based on transgender status than against discrimination based on sex,'” the court wrote.

“Plaintiffs face significant costs to comply with the new rule if they are unable to enforce their existing policies and laws in the meantime. This balance is in plaintiffs' favor,” it continues.

Marshall welcomed the 11th Circuit Court's decision and vowed to continue challenging the rules in court.

“I am very pleased to announce today the Eleventh Circuit's decision granting our request to stop this attempt by the Biden-Harris administration to change Title IX from a law that protects women to a law that allows men to enter women's locker rooms. Seven district courts, three appellate courts, and all nine Supreme Court justices have now ruled that this radical rewrite of Title IX is likely unlawful. We will continue to fight the good fight for Alabama's schoolchildren.”

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