Several Republican state attorneys general are challenging a federal regulation aimed at protecting the rights of transgender students in schools. The regulation prohibits blanket policies that prevent transgender students from using bathrooms that align with their gender identity. These officials argue that the new policies would harm women and girls, violate free speech rights, and create burdens for states with conflicting laws. Lawsuits have been filed in multiple states, including Louisiana, Alabama, Florida, Georgia, South Carolina, and Texas.
The states believe that the federal regulation would invalidate several state laws adopted recently and could preempt new laws under consideration. The regulation applies to all schools that receive federal funding and prohibits single-sex bathrooms and locker rooms. It also requires school officials to use the pronouns associated with a student’s gender identity and may impact female sports. The states argue that the rule could significantly impact Title IX’s prohibition of discrimination based on sex and challenge the transformation of this prohibition to include discrimination based on gender identity.
The federal rule opposes policies that allow transgender individuals to use bathrooms that align with their gender and may invalidate laws in at least 11 states that already have such provisions. While the regulation does not specifically address sports participation, the lawsuit argues that it would apply to sports as well. This is a contentious issue, as many states have laws keeping transgender girls out of girls sports competitions in the name of preserving fairness. President Joe Biden’s administration previously intended to ban outright bans on transgender girls in girls sports but did not include this in the regulation. The regulation remains unclear on laws regarding the misgendering of transgender or binary students.
Some states, including Texas, have instructed local school districts not to change their policies against sex discrimination in response to the federal regulation. It is common for conservative states to challenge federal administrative actions, particularly those from administrations of the opposite party. The battle over the rights of transgender students has become a significant political issue in recent years and remains so in the current presidential election year. This legal challenge highlights the deep divide on this issue among states and the ongoing debate over LGBTQ rights in schools.
