- Five Republican-led states on Monday filed lawsuits challenging new Biden administration regulations that bar schools and colleges that receive federal funding from discriminating against students based on their gender identity.
Title IX applies to both public and private schools, nearly all of which nationally accept some form of federal funding. That lawsuit, along with a separate one filed by Republican state attorneys general in Louisiana, Mississippi, Montana and Idaho, argued the rule unlawfully interprets Title IX in a way that conflicts with the statute's text, which they said since its enactment has defined "sex" as a person's biological sex.
Kacsmaryk, who gained national attention last year after suspending approval of the abortion pill mifepristone, had in 2022 in a different case concluded the Supreme Court's Bostock ruling had no effect on Title IX's "ordinary public meaning."
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