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Conservative drove states sue to impede Biden assurances for transsexual understudies

Conservative drove states sue to impede Biden assurances for transsexual understudies.


On April 29, nine Republican-led states and several conservative groups initiated legal actions contesting recent regulations introduced by the Biden administration. These regulations prevent schools and colleges that receive federal funding from discriminating against students based on their gender identity.
The lawsuits were filed in federal courts in Alabama, Louisiana, and Texas, challenging the new regulations set forth by the U.S. Department of Education. These regulations expand sex discrimination protections in federal civil rights law to encompass LGBTQ students. The Department of Education clarified that Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in educational institutions receiving federal funding, now includes protections against discrimination based on sexual orientation and gender identity.

This update aligns with a 2020 U.S. Supreme Court ruling that affirmed protections against sex discrimination under Title VII extended to gay and transgender employees. Given the connection between Title VII and Title IX in addressing sex-based discrimination, court interpretations often draw upon precedents set by Title VII decisions.

The new regulations also introduce adjustments to how schools under Title IX jurisdiction must handle cases of sex-based discrimination and harassment. Title IX applies to a wide range of educational institutions, both public and private, many of which rely on federal funding in some capacity.

Ken Paxton, the Republican Texas Attorney General, argued in the lawsuit filed on Monday that the Supreme Court's ruling in Bostock v. Clayton County should not be applied beyond Title VII, maintaining that it does not extend to other federal laws prohibiting sex discrimination.

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