Attorneys General Griffin and Bailey file Title IX suit on behalf of six states alongside Arkansas high school athlete

LITTLE ROCK – Attorney General Tim Griffin and Missouri Attorney General Andrew Bailey today issued the following statements after filing suit in the U.S. District Court for the Eastern District of Missouri on behalf of four other state attorneys general alongside an Arkansas high school athlete against the U.S. Department of Education over its new rule interpreting Title IX:

“The overwhelming majority of Americans see the Biden administration’s rule change for what it is: a ridiculous, nonsensical and illegal election-year move that few can comprehend or support. It’s outrageous.

“Congress enacted Title IX to protect and promote opportunities for women and girls in education and sports. For the last half century, that’s what it has done. But President Biden and his Department of Education now want to radically reinterpret Title IX and recast it as a rule about gender identity.

“The rule we’re challenging today requires schools and universities to allow men onto women and girls’ sports teams. It robs young female athletes of opportunities. It forces schools and universities to allow men into women and girls locker rooms, restrooms, and shower facilities. It compels teachers, administrators, and even fellow students to use an individual’s preferred pronouns. And it subjects anyone who disagrees with President Biden’s view of sex to investigation and possible sanction.

“That contravenes Title IX’s plain language, and it violates the Constitution. That’s why we’re challenging it, and it’s also why we’re confident the federal courts will set aside this unlawful regulation. I am proud to stand with my fellow attorneys general and one of my constituents against President Biden’s latest attempt to push forward by fiat what Congress never passed into law and to defend the laws we’ve passed in Arkansas to protect female athletes.”

Attorney General Bailey added:

“Joe Biden is once again exceeding his constitutional authority, this time to put a radical transgender ideology ahead of the safety of women and girls. As the father of a young daughter, I take this personally. The Biden Administration has threatened to hold federal funding hostage from any institution who rejects this unconstitutional and sexist rule. I’m filing suit because I will not allow federal bureaucrats to subject Missouri girls to unsafe conditions in order to push a radical transgender ideology.”

The suit, filed by the attorneys general of Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and an Arkansas high school athlete asks the court to stay the rule; grant a preliminary injunction preventing the rule’s implementation; enter a judgment that the Department of Education’s interpretation is unlawful; and vacate the rule.

The lawsuit can be read here.

Governor Hutchinson Announces Opposition To Proposed Rules Undermining Women’s Sports

In a news conference on Thursday afternoon, Governor Asa Hutchinson announced his opposition to proposed amendments to the regulations on implementing Title IX.

"The proposed rules would make it clear that sexual orientation and gender identity are both covered under the non-discrimination laws for our schools," Governor Hutchinson said. "This would interfere with Arkansas law, it would interfere with common sense, and it would interfere with local control."

Governor Hutchinson said the proposed changes would violate Arkansas law that prohibits biological males from competing in women's sports. He announced Arkansas Attorney General Leslie Rutledge has filed a response with other Attorneys General opposing the new rules.

Secretary Johnny Key and the Department of Education have also joined other states in presenting comments opposing these proposed rules.

"These proposed amendments of the Biden administration not only fly in the face of well-established law but in the face of reason and the intent of Congress," Governor Hutchinson said. "The state of Arkansas will not stand by idly while the federal government seeks to redefine the law to the detriment of women's sports and local decision making."