Federal court rules that gender identity is not within scope of Title IX, agreeing with Nebraska Attorney General

A Missouri court ordered Thursday that the Biden Administration’s rule protecting transgender youth from discrimination will not be enforced.

Earlier this spring, Nebraska’s Attorney General Mike Hilgers and five other state attorney generals filed a lawsuit asking the court to stop a new regulation by the U.S. Department of Education.

The Biden Administration argued in its interpretation and clarification of Title IX that people cannot be discriminated against based on gender identity, sexual orientation and other sex characteristics.

Thursday’s preliminary injunction ordered by District Judge Rodney W. Sippel ruled in favor of the attorney generals, blocking the new requirement from taking effect. The federal judge wrote that the Department of Education exceeded its statutory authority by redefining “on the basis of sex” for the purposes of Title IX. The Title IX law, which passed in 1972, protects women from discrimination and harassment at schools receiving federal dollars.

Across the country, states have passed legislation in recent years to ban transgender athletes from competing in women’s sports and from using female locker rooms and bathrooms.

Nebraska Public Media News reached out to several school districts in the state. None would comment on specifics of the pending lawsuit.

A spokesperson for Omaha Public Schools, the state's largest district, said in an email to Nebraska Public Media, "We review new and updated statutes and decisions like this to assess their potential impact on school district policies and procedures. We are proud to serve the students and families of Omaha, and we take the responsibility most seriously."

The second largest school system, Lincoln Public Schools, said, "Lincoln Public Schools is not able to comment about possible policy changes until it is finalized and we are able to review how it impacts our organization," according to an email from a district spokesperson.

On Thursday afternoon the Nebraska School Activities Association said in an email that the NSAA Board of Directors is allowed to amend the governing organization's bylaws when changes are required by law.

It also pointed to its Gender Participation Policy. Currently, the NSAA's rules say a student's gender for purposes of eligibility for NSAA-sponsored athletic activities shall be determined by the sex noted on the student’s birth certificate.

But also, the association has a lengthy process through its Gender Identity Eligibility Committee to review specific cases where a student wants to participate in a sport outside of their birth gender. Further, the policy says student athletes who have not gone through gender reassignment surgery must use a locker room or bathroom aligning with their gender assigned at birth or use a private changing room and restroom.