Moms for Liberty joins federal lawsuit against Biden admin’s Title IX regulation

The lawsuit argues that the new Title IX regulation infringes upon students' First Amendment rights by compelling them to endorse gender ideology.


Moms for Liberty, along with Young America's Foundation, attorneys general from Kansas, Wyoming, Utah, and Alaska, have joined together in legal action against the Biden administration's Title IX regulation, which conflates gender identity and biological sex and diminishes protections for women on college campuses.

The lawsuit, filed on Tuesday, argues that the new Title IX regulation infringes upon students' First Amendment rights by compelling them to use specific pronouns, endorse certain theories about gender, and restrict their safety and privacy in sex-segregated spaces, which are now open to both sexes who identify as the opposite sex.

According to a press release by the non-state plaintiffs' lawyers at the Southwestern Legal Foundation, the lawsuit also contends that the regulation violates the constitutional rights of parents who are “entitled to raise their children to share certain values and beliefs to direct the upbringing of their children, by requiring conformity to the federal government’s views on biology and so-called gender identity.”

Furthermore, the lawsuit asserts that the Department of Education violated the Administrative Procedure Act by altering the definition of biological sex in Title IX to be the same as gender identity. 

Last month, the Biden administration introduced new rules for Title IX, broadening its protections to encompass gender identity alongside biological sex. Originally intended to safeguard biological women, Title IX now extends its protections to biological males who identify as female.

The new rules "prohibit all forms of sex discrimination, including based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity."

Victor Bernson, General Counsel for the Young America's Foundation, criticized gender ideology as a "bald-faced lie" and called it "unconscionable" for the Biden administration to force "everyone in college across the nation to repeat and live the lie that men can be women."

Some states, such as Oklahoma and Florida, have already pledged to disregard the regulation, risking potential loss of federal funding for their educational institutions.

"We are not going to let [President] Joe Biden try to inject men into women's activities [and] undermine the rights of parents," Florida Governor Ron DeSantis said after the new Title IX rules were announced.

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