Texas Attorney General Ken Paxton sues over new federal rules extending anti-discrimination protections to LGBTQ Texas Lawsuit LGBTQ+ protections+ students, alleging overreach.
The state of Texas has initiated a lawsuit against the Biden administration concerning its recent expansion of federal protections for LGBTQ+ students under Title IX. Filed by Texas Attorney General Ken Paxton, the legal challenge argues that the Department of Education has exceeded its authority by broadening the interpretation of this landmark anti-sex discrimination law. The lawsuit was strategically filed in Amarillo, Texas, ensuring the case would be assigned to a conservative judge known for his nationwide injunctions against federal policies.
The controversy centres on new regulations introduced by the Biden administration that are set to take effect in August. These rules aim to protect students from discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics. Texas, however, contends that these changes violate federal rulemaking procedures and could potentially threaten the state’s educational institutions with the loss of federal funding. The state argues that for 50 years, Title IX’s reference to discrimination “on the basis of sex” has been interpreted to mean biological sex, not sexual orientation or gender identity.
Texas’s legal filing expresses concern that the new rules would cause irreparable harm to these institutions, which rely heavily on federal funding. By redefining the scope of Title IX, the Biden administration could force schools to choose between adhering to their traditional interpretations of sex discrimination or facing financial repercussions.
This lawsuit comes amidst broader efforts by the Biden administration to bolster anti-discrimination protections across various sectors, including healthcare, where new rules were also recently introduced. These initiatives represent a significant shift towards more inclusive federal policies under the current administration.
The case is assigned to U.S. District Judge Matthew Kacsmaryk, a Trump appointee who has previously ruled against Biden administration policies related to anti-discrimination protections for LGBTQ+ individuals in healthcare. The lawsuit has drawn attention to the practice of ‘judge-shopping’—where litigants file cases in jurisdictions where they believe judges will be sympathetic to their cause. Earlier this year, the federal judiciary proposed changes to counteract this strategy, although these have yet to be implemented in Amarillo’s federal district.
As this legal battle unfolds, it underscores the ongoing national debate over the scope of civil rights protections and the federal government’s role in defining and enforcing these protections. The Department of Education has defended the rule changes, emphasizing a rigorous rulemaking process and a commitment to ensuring that no person experiences sex discrimination in federally-funded education programs.
