Alabama Attorney General Steve Marshall and Alabama State School Board Superintendent Eric Mackey have released the following statement to public school districts across the state:
“The State of Alabama filed a lawsuit challenging the U.S. Department of Education’s recently announced rule on Title IX. Title IX, as passed by Congress in 1972, prohibits sex-based discrimination in any education program or activity that receives federal funding. The new rule seeks to expand the meaning of “sex” to include sexual orientation and gender identity. Compliance with the rule may run afoul of relevant state law. Please be advised that no public school district in the State of Alabama should take any step to implement the new Title IX rule at this time. Further guidance will be provided as the litigation proceeds and before the rule takes effect on August 1, 2024.”
Alabama Attorney General Steve Marshall, alongside counterparts from Florida, Georgia, and South Carolina, has taken legal action against the Biden administration’s recent Title IX rule alteration. The modification would redefine “sex” to include “gender identity,” potentially eliminating single-sex facilities in schools nationwide.
In a statement, Attorney General Marshall criticized President Biden’s administration for what he perceives as an attempt to impose radical gender ideology on states. Marshall emphasized that Alabama rejects such initiatives, citing concerns over federal overreach and the potential impact on public school funding. He expressed confidence that Biden’s efforts would fail, reiterating Alabama’s commitment to upholding traditional distinctions between sexes.
This lawsuit marks the latest chapter in an ongoing legal battle between conservative states and the federal government over gender-related policies. In 2022, Alabama contested a similar rule proposed by the U.S. Department of Agriculture, which threatened funding for food assistance programs. However, the federal government ultimately scaled back its policy, leading to the dismissal of the lawsuit.
Marshall underscored the importance of protecting the rights and concerns of female students, referencing incidents in other parts of the country where gender-neutral policies sparked controversy. He highlighted Alabama’s legislative efforts to safeguard single-sex facilities and prevent the promotion of gender ideology in classrooms.
Joining Alabama in this legal challenge are several other states and nonprofit organizations, including the Independent Women’s Forum, Parent’s Defending Education, and Speech First. Their collective action reflects widespread opposition to what they perceive as federal overreach and a threat to traditional values.
The outcome of this lawsuit will likely have significant implications for the interpretation and enforcement of Title IX regulations nationwide. As the legal proceedings unfold, stakeholders on both sides of the debate will be closely watching for developments.
