WASHINGTON, D.C. – Today, America First Legal (AFL), with co-counsel Christopher Mills, filed an amicus brief in the Court of Appeals for the Sixth Circuit in The State of Tennessee, et al., v. Miguel Cardona, et al.
The Biden-Harris Administration rules drastically alter the meaning of Title IX by forcing schools nationwide to disregard biological differences between boys and girls. It redefines “sex” to now mean gender identity and sexual orientation. The rules misinterpret Title IX’s original meaning and make “discrimination against an individual on the basis of their … gender identity” illegal. Such an interpretation destroys the entire purpose of Title IX: To protect girls and women. Instead, it erases girls and women in violation of the law.
AFL has long fought for women and preserving the plain meaning of Title IX. On April 29, 2024, AFL joined Texas Attorney General (AG) Ken Paxton in a critical lawsuit against the Biden Administration over the new Title IX rules that mandate “sex” to include self-declared “gender identity” in every educational program. In May 2024, AFL filed an amended complaint and a motion for a preliminary injunction with AG Paxton to immediately stop Biden’s Title IX rules from taking effect. On July 12, 2024, AFL secured the preliminary injunction order from the U.S. District Court for the Northern District of Texas, requiring the Biden Administration to halt the radical Title IX rules, which would force girls in every public school to share restrooms, lockers, and private facilities with the opposite sex.
Title IX protects against “sex” discrimination, which means biological sex. Any other interpretation would effectively end Title IX’s protection. If discrimination based on “sex” includes “gender identity,” then what teams do non-binary individuals play on? How about the other 100+ “gender identities?” Does a school now need to provide equal access to each gender identity, lest the school discriminate based on gender identity? Title IX provides protection based on biological sex, and AFL’s brief makes this clear.
Today’s amicus brief continues AFL’s fight for the rule of law, common sense, and biological reality in another critical case. America First Legal will keep defending Title IX for the protection of boys and girls against the Biden-Harris Administration’s extremist gender ideology.
Statement from Nicholas Barry, America First Legal Senior Counsel:
“No one in 1972, when Title IX was passed, thought ‘sex’ meant anything other than male or female. It is hard to imagine how anyone could believe this now. As Justice Ginsburg made clear, the two sexes “are not fungible.” Yet, there is an ideology that has lost its grip on reality. It demands protections for an individual’s self-identified ‘gender,’ which can change from moment to moment. It includes seemingly infinite “genders,” and it lacks the ability to articulate basic definitions, such as what men and women are. It even rejects the basic biological reality of the two sexes. The courts must reject the Biden-Harris Administration’s understanding of Title IX, which is through the lens of gender ideology, and instead interpret the original plain language of Title IX.” said Nicholas Barry.
Read the brief here.
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