Georgia Attorney General Joins Tennessee-Led Lawsuit Against Revised Title IX Rule

Attorney General Chris Carr has filed an amicus brief in support of a lawsuit led by Tennessee challenging the Biden-Harris administration’s revised Title IX rule. The rule, which has been criticized for altering the foundation of women’s sports and mandating that males and females share bathrooms, is currently under legal scrutiny.

Carr had previously filed a suit against the same rule in April 2024, successfully blocking its implementation in Georgia and three other states while litigation continues.

“Whether it’s the Biden-Harris administration or the NCAA, we have continued to push back against all those intent on destroying women’s sports,” Carr stated. “This latest action will further bolster our efforts here in Georgia and across the country as we work to block this absurd rule once and for all. We’re committed to protecting female athletes, and we will never stop fighting for women’s rights to fair competition.”

The revised Title IX rule redefines “sex” to include “gender identity” and “sexual orientation,” and requires schools to use students’ “preferred pronouns” or risk losing federal funding.

In June 2024, a coalition led by Tennessee obtained a preliminary injunction blocking the implementation of the rule in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia. Carr, along with 19 other attorneys general, is now urging the U.S. Court of Appeals for the Sixth Circuit to affirm the injunction and declare the rule unlawful.

Carr had previously opposed the rule when it was introduced by the Biden-Harris administration in July 2022. The rule faced significant opposition from various political and faith groups.

In March 2024, Carr also urged the NCAA to repeal its rule allowing biological males to participate in women’s sports.

Joining Carr in the amicus brief are the attorneys general of Alabama, Alaska, Arkansas, Idaho, Iowa, Florida, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming.

Title IX Rule

The revised Title IX rule, introduced by the Biden-Harris administration, changes the interpretation of the term “sex” in the context of educational programs and activities that receive federal funding. Here’s a summary of the key points:

1. Redefinition of “Sex”: The rule expands the definition of “sex” to include “gender identity” and “sexual orientation,” not just biological sex. This means that schools must accommodate students based on their gender identity and sexual orientation, not just their biological sex.
2. Bathroom Access: Schools are required to allow students to use bathrooms and locker rooms that align with their gender identity. This has led to debates about privacy and safety in facilities that were traditionally segregated by biological sex.
3. Pronouns and Gender Identity: The rule mandates that schools use students’ preferred pronouns and gender identities. Schools risk losing federal funding if they fail to comply with these requirements.
4. Impact on Women’s Sports: Critics argue that the rule undermines the foundation of women’s sports by allowing individuals assigned male at birth to compete in women’s sports categories, potentially affecting fairness and competition.
5. Legal Challenges: The rule has faced legal challenges from various states and groups who argue that it infringes on existing protections for women and violates federal laws. The rule is currently subject to ongoing litigation and court decisions.