WASHINGTON — Gov. Greg Abbott said Monday that the state will ignore a new federal regulation that requires schools receiving federal funding to protect gender identity under rules prohibiting sex discrimination.
Title IX prohibits sex discrimination in colleges and K-12 schools that receive federal funds, but Abbott said the new rules go too far.
“I am directing the Texas Education Agency to ignore your unlawful order,” Abbott said in a letter to President Joe Biden. “Your rewriting of Title IX not only exceeds its constitutional authority, it also tramples on the law I signed to protect the integrity of women's sports by prohibiting men from competing with female athletes. ”
Abbott's move comes shortly after Texas Attorney General Ken Paxton filed a lawsuit asking a federal judge to block the provision that also protects sexual orientation, saying the Biden administration overstepped its authority and misunderstood Title IX. issued an order.
The standoff represents the latest clash between conservative Texans and the Biden administration over a number of issues, including immigration enforcement and access to abortion.
Paxton has filed dozens of lawsuits against the Biden administration.
Like many other lawsuits, this case is being filed in the Amarillo district, where one judge is Matthew Kaczmalik, a socially conservative federal district judge appointed by former President Donald Trump. It is almost certain that a trial will be held.
The U.S. Department of Education said Monday it does not comment on pending litigation, but issued a general statement saying all schools receiving federal funding must comply with the final regulations.
The Biden administration's Title IX regulations also repealed a Trump administration policy that required live hearings when students are accused of sexual misconduct.
Paul Castillo, senior counsel at Lambda Legal, a legal advocacy group for LGBTQ issues, disagreed with Paxton and Abbott's description of the new rules as an aggressive overhaul of Title IX protections.
Rather, the rule is in line with court precedent that has found that Title IX's prohibition on sexual discrimination covers sexual orientation and gender identity, Castillo said.
“This is not new, but it makes it clear to local school districts that their obligation to protect all students includes LGBTQ students,” Castillo said.
Other Republican-led states and conservative groups filed separate challenges to the new rules on Monday, arguing that separate prohibitions on sex discrimination also include protections for sexual orientation and gender identity. It is tied in part to a 2020 U.S. Supreme Court decision.
In his lawsuit, Paxton argues that the government misapplied that decision and “allowed schools to have single-sex programs and facilities while requiring opposite-sex access only to transgender individuals. It creates a situation where it is mandatory to discriminate on the basis of orientation and gender identity.” Gender identity. ”
He also said the new rules vaguely define gender identity and sexual orientation, lack objective standards, and “encourage criminals seeking access to female students' bathrooms and locker rooms for purely predatory purposes. He argued that it would protect “those with intentions.”
Castillo said there have been numerous reports of LGBTQ students in Texas being harassed because of their sexual orientation or gender identity, and Lambda Legal has long been an advocate on behalf of LGBTQ students under Title IX. He added that he has filed a lawsuit.
He said there is no evidence in Texas or some other states to support warnings that predators may use Title IX rules to access bathrooms.
“In these particular cases, there was no evidence that anyone was using this as a sort of nefarious way to try to get into the restroom or locker room, but the fact is that it was used by transgender people who are at higher risk of harassment and discrimination. It was harming students,” Castillo said. He said.
Castillo said federal law takes precedence over state laws and regulations, so schools must decide for themselves how to respond to regulations.
“They are bound by federal law, and the danger is that if they refuse to comply with Title IX, students who have been harmed by policies that ignore Title IX prohibitions will face investigations and private lawsuits. “No harassment or discrimination based on gender, including on the basis of gender identity or sexual orientation,” Castillo said.
