Kobach, other states sue Biden over illegal Title IX revision

In The Daily Wire comedy “LadyBallers” a group of male misfits breaks into women’s league basketball in an imaginary landscape that satirizes the type of changes inherent in recent Biden Administration revisions to Title IX./The Daily Wire promo photo

TOPEKA – Kansas Attorney General Kris kobach on Wednesday declared Kansas will join the side of numerous other red states in suing the Biden Administration over the president’s expansion of Title IX protections to include gender dysphoric men who say they are women, a move critics say in effect dissolves Title IX intended protections for women altogether.

Biden’s move replaces the context of “sex” with “gender identity,” effectively disavowing the distinction between men and women where practical application is concerned, which was the whole point of the 1972 legislative ruling that aimed to guarantee access for women to all aspects of higher education. 

The original Title IX text was 37 words – the Biden Administration revision totals some 459,000 words. Public entities that don’t enforce those protections can lose various forms of federal funding.

Kansas Attorney General Kris Kobach/KCUR photo

“In the federal statute known as Title IX, male means biological male, and female means biological female,” Kobach said in a statement Tuesday. “Biden’s Department of Education has no authority to do what it is attempting to do.”

Read the text of the Kansas lawsuit here.

Kobach’s statement said under the Biden administration’s Title IX rule, a 16-year-old female on an overnight trip could be forced to share a hotel room with a biological male who identifies as a girl, or the district would lose federal funding. A 14-year-old girl could be forced to share a locker room and change in front of an 18-year-old biological male who “identifies” as a woman, or the district could lose funds.

“It’s insanity. Biden’s Title IX rule is unconscionable. It’s dangerous to girls and women, and it’s against federal law,” Kobach said. Attorneys general from three other states, including Alaska, Wyoming, and Utah, joined Kansas in the lawsuit.

Kobach said the new Title IX rule will also incentivize abortion and pose serious due process problems on college campuses related to sexual harassment accusations. The rule violates the First Amendment rights of teachers and school employees who have sincerely held religious beliefs that would prevent them from complying with the rule.

In announcing a separate lawsuit filed by the State of Arkansas, Governor Sarah Huckabee Sanders charged Biden’s revision to the rule was “an attempt to erase women completely,” from those federal protections.

“I find myself asking,” Sanders said, “where are all the so-called feminists?”

Former collegiate swimmer Riley Gaines and others protest NCAA policies that allow men to compete in women’s athletics.

In its response to Kobach’s lawsuit, the ACLU of Kansas took a different track in in rebuttal.

“Mr. Kobach either inherently misunderstands the intent and impact of Title IX protections or he purposely misinterprets them,” said ACLU Kansas Directory Micah Kubic. “Kobach is claiming he is standing up for girls and women. But what he is really doing is continuing his decades-long crusade against our shared values and fundamental rights, using his misleading legal interpretations to try to transform the law into a tool that persecutes Kansans instead of protecting them.”

Dane Hicks is a graduate of the University of Missouri School of Journalism and the United States Marine Corps Officer Candidate School at Quantico, VA. He is the author of novels "The Skinning Tree" and "A Whisper For Help." As publisher of the Anderson County Review in Garnett, KS., he is a recipient of the Kansas Press Association's Boyd Community Service Award as well as more than 60 awards for excellence in news, editorial and photography.

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George Pisani

Hmmm…. The foxnews article linked to in the article quotes Education Secretary Miguel Cardona saying that the new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.” [bold-emphasis added]

Kind of odd that a top-level EDUCATION official doesn’t seem to know the definition of Everyone. That may be the root of why public education is circling the drain.

People need to set aside (for the moment) their feelings about abortion this November and concentrate on totally throwing out of public office any Democrat. Abortion certainly is an important issue– no argument from this guy with a daughter and granddaughter. But it’s perhaps the biggest reason this administration survived the 2020 Congressional election. And they’re experts at “divide and conquer.”

Voters can deal effectively with the abortion issue (as they did in KS) once the Progressives have been evicted from public office. Court cases are a fragile last resort in this battle.

Last edited 5 days ago by George Pisani
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