Tennessee Attorney General Jonathan Skrmetti, alongside six other states, has initiated legal action against the U.S. Department of Education (DOE) over its recent modifications to Title IX of the Educational Amendments Act. The lawsuit was filed in the U.S. District Court for the Eastern District of Kentucky and is being co-led by Kentucky and West Virginia.
Attorney General Skrmetti expressed his concerns about the DOE's new rule, stating: “The U.S. Department of Education has no authority to let boys into girls’ locker rooms.” He emphasized that Title IX has traditionally protected women’s privacy and safety in spaces like locker rooms and bathrooms. Skrmetti criticized the DOE's changes as an "unconstitutional power grab" and anticipated judicial intervention.
Title IX, established fifty years ago, aims to ensure women's equal access to educational facilities by prohibiting sex-based discrimination in federally funded schools. Historically, it allowed for sex-segregated spaces due to physical differences between men and women.
The DOE's new rule addresses "gender identity discrimination" by eliminating sex-based distinctions in educational settings. This change mandates states like Tennessee to incorporate gender ideology into their schools, despite Congress's refusal to extend Title IX protections beyond sex.
If implemented, this policy would require Tennessee schools to permit males identifying as female access to female-only spaces and activities across all educational levels or face losing federal funding. Critics argue that such a mandate undermines student privacy, affects women's academic and athletic achievements, and contradicts state laws.
Joining Tennessee, West Virginia, and Kentucky in this lawsuit are Indiana, Ohio, and Virginia. Similar legal challenges are being pursued by other state coalitions in various federal circuit courts.