Florida, Oklahoma Reject Biden’s ‘Illegal’ Title IX Rewrite

Originally Authored at TheFederalist.com

Florida and Oklahoma have instructed their schools to reject implementation of new Title IX rules proposed by the Biden administration that allow males “identifying” as females to invade women’s spaces.

“We are not going to let Joe Biden try to inject men into women’s activities,” Florida Gov. Ron DeSantis said in a Thursday video statement. “We will not comply.”

As my colleague Jordan Boyd previously reported, the new guidelines released by the Education Department last week “effectively erase protections for sex-based spaces by expanding the Title IX prohibition against sex discrimination to include ‘gender identity’ — a term that’s never mentioned in the original law.” This means that men proclaiming to be women will be permitted to use female-only spaces such as locker rooms and sororities and participate in female-only sports leagues.

The rules — which are set to take effect on Aug. 1 — also repeal existing free speech protections, parental rights, and safeguards for individuals accused of sexual assault.

[READ: Biden’s Title IX Rule Guarantees Discrimination, Censorship, And The End Of Parents’ Rights]

DeSantis’ comments came a day after Florida Commissioner on Education Manny Diaz Jr. penned a letter stating that “no educational institution [in the state] should begin implementing any changes” to Title IX put forward by the Biden administration. Diaz argued that the federal government’s reimagining of the law is an “attempt to gaslight the country into believing that biological sex no longer has any meaning.”

“As legal challenges unfold, and the Department has the opportunity to analyze this rule, I will release guidance on how to implement it in a way that is consistent with our goal to keep Florida #1 in education,” Diaz Jr. wrote.

Oklahoma State Superintendent Ryan Walters similarly authored a letter on Wednesday instructing school superintendents throughout the Sooner State to refrain from making “any district policy changes based on the new Title IX regulations,” claiming the regulations are “illegal and unconstitutional.”

These new rules “violate the First Amendment, the Administrative Procedures Act, and longstanding civil rights protections for women and girls,” Walters wrote. “The [Education Department] has not been given the legislative or judicial authority to redefine ‘sex.’ I expect there will be litigation filed soon challenging the validity of these rules.”

“[M]aking policy changes before the courts come to a definitive ruling on the legality of these rules could put your district out of compliance with other current and legal state and federal statute[s],” he added.

Earlier this week, the Oklahoma Senate passed the Women’s Bill of Rights (HB 1449). According to a press release from GOP Sen. Jessica Garvin (the principal Senate author), the legislation “ensure[s] all statutory references to women refer to a person’s biological sex and, specifically, individuals who were born female.” While the bill passed the House last month, it was amended upon arrival in the Senate, meaning the new version must be voted on by the lower chamber before it can be submitted to Gov. Kevin Stitt for signature.


Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood

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