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WV female athlete, Christian teachers join lawsuit against Biden admin's attempted Title IX rewrite

A Kentucky federal district court grants intervention in lawsuit challenging Biden administration’s new Title IX rules

Wednesday, May 8, 2024

COVINGTON, Ky. – A Kentucky federal district court granted a motion Wednesday to allow A.C., a high-school athlete from West Virginia, and Christian Educators Association International, an association of teachers, to join a lawsuit suing the Biden administration over its recent attempt to rewrite Title IX, a federal law designed to create equal opportunities for students in education and athletics. A.C. has already lost key opportunities to a male student on her track team and had to endure that student’s vulgar sexual comments while on the team. Christian Educators also face threats to their free speech and to their right to access sex-specific spaces like bathrooms without encountering members of the opposite sex.

Following the publication of the administration’s rule on April 29, six states, including Tennessee and West Virginia, filed a lawsuit, State of Tennessee v. Cardona, last week, challenging the administration’s attempt to redefine “sex” in federal law to include “gender identity.” This attempt to rewrite federal law jeopardizes privacy, safety, free speech, and fairness for students and teachers.

“Every young woman should know she can step into a school setting with full assurance she will be provided with safety and fairness,” said ADF Legal Counsel Rachel Rouleau. “The Biden administration’s radical redefinition of sex does just the opposite for young women and girls. It won’t just rewire our educational system, it also means young girls will be forced to undress in front of boys in gym class, girls will share bedrooms with boys on overnight school trips, teachers and students will have to refrain from speaking truthfully about gender identity, and girls will lose their right to fair competition in sports. Our client A.C. has already suffered the humiliation and indignity of being harassed by a male student in the locker room and on her sports team. No one else should have to go through that. We are urging the court to uphold safety and fairness for those impacted by the administration’s attempt to rewrite Title IX.”

A.C. is a 15-year-old girl from West Virginia who was forced to compete in track and field events against a male last year who took away her spot to compete in a conference championship. A.C. also had to change in the girls’ locker room with the male athlete and endure vulgar, sexual comments that the athlete directed at her. Since competing on the girls’ team, that athlete has beaten female competitors over 600 times, bumping those females down the results list.

Attorneys note that Tennessee and Kentucky have state laws that would protect the privacy and free speech of teachers who are members of Christian Educators and teach in schools covered by Title IX. But those state laws and the protection they provide A.C. and Christian Educators would be wiped away by the administration’s new Title IX rules. The federal court is allowing A.C. and Christian educators to argue against these rules and to argue against them going into effect.

ADF attorneys filed the motion to intervene with the U.S. District Court for the Eastern District of Kentucky in State of Tennessee v. Cardona.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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