Six states file suit challenging new Title IX provisions aimed at protecting LGBTQ+ students.
Former University of Kentucky swimmer Riley Gaines has vehemently condemned President Joe Biden's overhaul of Title IX, labeling it the "most anti-woman" action of this administration. Gaines, who joined a group of six states filing a lawsuit against the new provisions on Tuesday, spoke passionately about the harmful impact these changes will have on women's sports, spaces, and opportunities.
"Across the country and in various sports, males are entering women's athletic competitions, being given spots on women's teams, and being granted entry into our locker rooms. To date, males have stolen over 943 trophies, medals, and titles from women and girls across 458 different competitions and in over 31 different sports," Gaines highlighted.
She emphasized that the harm caused by the inclusion of males in women's sports extends beyond the loss of accolades. Every time a male competes in an event or makes a team, a female athlete loses an opportunity to showcase her skills or secure a position on the field.
Gaines expressed grave concerns over the safety and privacy of women in shared spaces, including locker rooms. She argued that allowing biological males to compete alongside female athletes poses risks to their physical and emotional well-being.
"Allowing males to compete in women's sports is risky, it is unfair, it is discriminatory, and it is regressive. And it must stop. Which is exactly why we have been so tenacious in this pursuit for sex-based protections," Gaines declared.
Joined by Attorneys General Jonathan Skrmetti of Tennessee and Patrick Morrisey of West Virginia, Gaines called upon the Biden administration to reconsider its stance and prioritize the protection of women's rights.
In a coordinated effort, six states – Tennessee, West Virginia, Kentucky, Virginia, Ohio, and Indiana – have filed a lawsuit challenging the Biden administration's Title IX overhaul. The lawsuit asserts that the new rules exceed the authority granted by the original statute and violate the separation of powers.
Skrmetti, the lead attorney general in the lawsuit, emphasized that Congress alone has the power to enact laws, not federal agencies. He argued that the Department of Education's expansion of Title IX's definition of sex discrimination to include gender identity is beyond its legal mandate.
"We're saying that the attempt by the Department of Education to expand the definition of sex discrimination runs afoul of our separation of powers, the fundamental principle of American government," Skrmetti explained.
"There are a group of states that are stepping up today that are saying that's not acceptable," Morrisey added. "It alienates women's privacy. It implicates women's security. It puts them in jeopardy of having fairness and justice in terms of participation in sports. Obviously, it also opens up the door to significant First Amendment and federalism issues."
Skrmetti acknowledged the possibility of losing federal education funding due to the lawsuit but maintained that states must push back against unlawful interpretations of Title IX.
"I would say that every state across America needs to say no to this radical rewrite of Title IX. And if the federal government is going to try to impose unlawful interpretations on the states, it's critical that the states push back," Skrmetti asserted.
He expressed hope that the federal government would refrain from withholding funding for women and schools but emphasized the importance of standing up for states' rights and constitutional principles.
"I think it's critical that we say no to these radical rewrites, because at the end of the day, the states play a very critical role in our system of constitutional governance, and we cannot allow the federal government to just run roughshod over states rights," Skrmetti concluded.
