PRESS RELEASE: DFI Joins Four Additional States in their Legal Battle to Block the Biden-Harris Administration’s Radical Title IX Rule

WASHINGTON—While the Defense of Freedom Institute’s legal battle against the Biden-Harris administration’s radical Title IX rule continues in another court, DFI has filed an amicus brief with the United States Court of Appeals for the Tenth Circuit supporting Kansas, Alaska, Utah, and Wyoming in their suit to block the rule. 

In State of Kansas v. U.S. Department of Education, DFI argues that the U.S. Department of Education’s new Title IX regulations unlawfully contradict the text and purpose of Title IX by illegally expanding the definition of the word “sex” in the law to include “gender identity.”  This change allows the administration to weaponize the law to stifle free speech and trample religious liberty, as well as force women and girls to share intimate spaces, like locker rooms and bathrooms, with men and boys.  These changes put women and girls in harm’s way and impose onerous, unrecoverable compliance costs on school districts and schools.

DFI President and Co-Founder Bob Eitel said, “If a man can be a woman, then the entire point of Title IX, to prohibit discrimination on the basis of sex in federally funded education programs and activities, flies right out the window. It’s abundantly clear that the Biden-Harris administration’s Title IX regulations are illegal, defy Congressional intent, and are harmful to students and school districts. These regulations cannot withstand legal scrutiny, and I believe DFI and the states and other organizations suing to block them will prevail.”  

To read DFI’s Tenth Circuit brief in State of Kansas v. U.S. Department of Education, click here.

Additional Information
DFI is a nonprofit, nonpartisan legal advocacy and policy group focused on education and civil rights. It currently represents the states of Mississippi, Louisiana, Montana, and Idaho in Louisiana v. U.S. Department of Education, which won the first-in-the-nation preliminary injunction blocking the Biden-Harris administration’s Title IX rule. This case is currently on appeal to the United States Court of Appeals for the Fifth Circuit. To read the Fifth Circuit brief filed on September 19, 2024, by DFI and the plaintiff states, click here. Oral arguments are scheduled for Monday, November 4, 2024, at 5 p.m. CT in New Orleans.