Republican AGs Demand Biden Admin Protect Title IX

A group of Republican attorneys general sent letters to Education Secretary Miguel Cardona last week insisting he protect women’s sports and uphold Title IX of the Civil Rights Act.

The five letters — sent by Kris Kobach of Kansas, Lynn Fitch of Mississippi, Tim Griffin of Arkansas, Todd Rokita of Indiana, and Jonathan Skrmetti of Tennessee — come as Cardona has floated changes to federal law on gendered sports in schools.

Last month, Cardona filed a notice of proposed rulemaking to reinterpret the key statute, Title IX, to say that schools must allow students to join athletic teams of whatever gender they identify with.

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination,” Cardona said in April. “Being on a sports team is an important part of the school experience for students of all ages.”

But the slate of letters from Republican state prosecutors challenges the department’s authority to make the adjustment, with each letter making different legal and policy arguments against the Biden administration.

The letters are important for the coming legal battles under the Administrative Procedure Act and force the Department of Education to address the concerns outlined officially.

“Biological men and women have genetic differences — that’s just a scientific fact,” said Virginia Attorney General Jason Miyares, one of the letter’s Republican signatories. “Many of those biological differences often lead to men being taller, stronger, and faster — therefore putting them at an athletic advantage.”

“That’s exactly why we have women’s sports, and why Title IX exists — to create an environment where our female athletes can thrive, be competitive, and be celebrated,” he added.

Any legal challenges could eventually find their way to the Supreme Court, given the recent Bostock v. Clayton County decision which held that the CRA’s Title VII prohibits employment discrimination against LGBTQ+ people.