Moms for Liberty joins in suing Biden administration over Title IX protections for trans students

Moms for Liberty, a group identified as an anti-government extremist organization by the Southern Poverty Law Center, has joined forces with several Republican-led states to sue the Biden administration over new Title IX regulations. These regulations aim to protect transgender and nonbinary students but are criticized by the plaintiffs as an overreach that infringes on parental rights and imposes extreme gender ideology in K-12 education.

The lawsuit aims to stop the Department of Education’s updated Title IX regulations from taking effect. Set to be implemented on August 1, these regulations designate “gender identity” as a protected class and require schools to respect students’ chosen pronouns and access to facilities that align with their gender identity.

“Every parent in America is about to see biological boys on girls’ sports teams and in girls’ locker rooms, and gender identity and sexual orientation will be taught in every classroom across America, whether parents like it or not. They won’t have a choice,” claimed Moms for Liberty co-founders Tiffany Justice and Tina Descovich in a press release. “Private conversations will happen between school officials and minor school children about changing their gender, and if parents try to fight back, they will be the ones in the wrong. This is a huge shift in policy that effectively mandates gender ideology in schools.”

Kansas Attorney General Kris Kobach held a press conference Tuesday afternoon to announce the lawsuit, which was filed in federal district court in Kansas earlier. “The State of Kansas, along with Wyoming, Utah, and Alaska, as well as private plaintiffs Moms for Liberty, Young America’s Foundation, and Female Athletes United, filed a lawsuit challenging the Biden administration’s new regulation,” Kobach said. He argued that the new rule essentially states that treating individuals by their biological sex rather than their gender identity violates Title IX and could result in the loss of federal funding.

Kobach said the regulation would “effectively destroy women’s sports over time” by allowing transgender female athletes to compete against cisgender females, which he argues is unfair and dangerous. He also raised false concerns about privacy and safety, claiming, ”A 14-year-old girl could be forced to share a locker room and to disrobe and change clothes and shower in the same locker room with an 18-year-old male who identifies as a woman.”

In addition, the lawsuit challenges provisions related to abortion. “Under Biden’s Title IX rule, schools must provide leave and disability services for those who seek abortions or risk losing federal funding,” Kobach said, arguing that this contradicts the neutrality mandated by Title IX regarding abortion.

Moms for Liberty, known for its opposition to LGBTQ+ rights, argues that these regulations will stifle free speech and infringe on the rights of parents to educate their children according to their beliefs. Kimberly Hermann, counsel for Moms for Liberty, wrote in a statement, “The Department of Education’s drastic Title IX rewrite guts parental rights, forces our children to affirm the idea that kids can change their gender, and threatens punishment if they dare speak up for their physical safety in a bathroom or locker room.”

According to the Williams Institute at UCLA School of Law, approximately 1.6 million people aged 13 and older—0.6 percent of the U.S. population—identify as transgender. This includes about 300,000 youth aged 13-17, or 1.4 percent of that age group. The number of transgender athletes is even smaller, as it represents a subset of this already small population.

Supporters of the final rule argue that it is a necessary step to protect transgender students from discrimination and to ensure that all students have equal access to educational opportunities. The Fair Play report by the Center for American Progress emphasizes the importance of sports participation for all youth, including transgender students, citing significant mental health benefits and reduced risks of depression and suicide. The report notes that inclusive sports policies do not harm cisgender youth and provide critical support for transgender students, who face higher rates of bullying and discrimination. The benefits of sports participation, such as increased self-esteem, better academic performance, and a sense of belonging, are particularly vital for transgender youth who often encounter hostile environments.

Critics of Moms for Liberty and their allies argue that their opposition to the Title IX regulations is part of a broader agenda to roll back protections for LGBTQ+ individuals. They emphasize the importance of these regulations in creating safe and inclusive environments for all students, particularly transgender and nonbinary.

The Department of Education has not commented on the pending litigation. However, LGBTQ+ activists argue that the regulations are necessary to protect transgender and nonbinary students from discrimination and harassment in educational settings. Secretary of Education Miguel Cardona previously explained the department’s position.

“These regulations make it crystal clear that no one should have to abandon their educational aspirations due to discrimination,” he said.

Republican attorneys general from more than 20 states, including Louisiana, Mississippi, Montana, and Idaho, have joined the legal fight against the policy change since its announcement on April 19.