South Dakota
More than half of states sue to block Biden Title IX rule protecting LGBTQ+ students • South Dakota Searchlight
WASHINGTON — Twenty-six GOP-led states are suing the Biden administration over changes to Title IX aiming to protect LGBTQ+ students from discrimination in schools.
Less than a month after the U.S. Department of Education released its final rule seeking to protect against discrimination “based on sex stereotypes, sexual orientation, gender identity, and sex characteristics,” a wave of Republican attorneys general scrambled to challenge the measure.
The revised rule, which will go into effect on Aug. 1, requires schools “to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities.”
The lawsuits hail from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
All of the attorneys general in the 26 states suing over the final rule are part of the Republicans Attorneys General Association.
Various advocacy groups and school boards have also tacked onto the states’ legal actions. The lawsuits carry similar language and arguments in vehemently opposing the final rule. They say the new regulations raise First Amendment concerns and accuse the rule of violating the Administrative Procedure Act.
LGBTQ+ advocates say the revised rule offers students a needed protection and complies with existing law.
“Our kids’ experience in schools should be about learning, about making friends and growing as a young person. LGBTQ+ students deserve those same opportunities,” Sarah Warbelow, vice president of legal at the LGBTQ+ advocacy group Human Rights Campaign, said in an emailed statement. “In bringing these lawsuits, these state attorneys general are attempting to rob LGBTQ+ students of their rights, illustrating a complete disregard for the humanity of LGBTQ+ students.”
GOP states band together against new regulations
In the most recent effort, Alaska, Kansas, Utah, and Wyoming sued the Biden administration on Tuesday, accusing the Department of Education of seeking to “politicize our country’s educational system to conform to the radical ideological views of the Biden administration and its allies.”
The lawsuit claims that under the updated regulations, teachers, coaches and administrators would have to “acknowledge, affirm, and validate students’ ‘gender identities’ regardless of the speakers’ own religious beliefs on the matter in violation of the First Amendment.”
In another lawsuit, a group of Southern states — Alabama, Florida, Georgia and South Carolina — sued the administration in federal court in Alabama over the new regulations.
Republican Alabama Attorney General Steve Marshall said President Joe Biden “has brazenly attempted to use federal funding to force radical gender ideology onto states that reject it at the ballot box” since he took office.
“Now our schoolchildren are the target. The threat is that if Alabama’s public schools and universities do not conform, then the federal government will take away our funding,” Marshall said in a press release.
The lawsuit also drew praise from Republican Florida Gov. Ron DeSantis, who said “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.” He added that the Sunshine State will “not comply” and instead “fight back against Biden’s harmful agenda.”
Individual states sue the administration
Meanwhile, some states have opted to file individual lawsuits against the administration.
In Texas, Republican Attorney General Ken Paxton sued the Biden administration late last month in federal court in Amarillo. Paxton filed an amended complaint earlier this week, with two new plaintiffs added.
In an April 29 press release, Paxton said the Lone Star State “will not allow Joe Biden to rewrite Title IX at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology.”
Oklahoma’s Republican Attorney General Gentner Drummond filed a lawsuit against the Biden administration earlier this month in federal court in Oklahoma. The state’s education department also filed a separate suit against the Biden administration.
A hodgepodge of states
In late April, Republican attorneys general in Indiana, Kentucky, Ohio, Tennessee, West Virginia and Virginia filed a lawsuit against the Biden administration in federal court in Kentucky.
The states argued that the U.S. Education Department “has used rulemaking power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making.”
Idaho, Louisiana, Mississippi and Montana also sued the Biden administration in late April, echoing the language seen in the other related lawsuits. Seventeen local school boards in Louisiana also joined the states.
Earlier this month, Arkansas, Iowa, Missouri, Nebraska, North Dakota and South Dakota also brought a collective legal challenge to the final rule.
A spokesperson for the Education Department said the department does not comment on pending litigation but noted that “as a condition of receiving federal funds, all federally-funded schools are obligated to comply with these final regulations.” They added that the department looks forward “to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience.”
The department has yet to finalize a separate rule that establishes new criteria for transgender athletes. So far, 24 states have passed laws that ban transgender students from partaking in sports that align with their gender identity, according to the Movement Advancement Project.
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South Dakota
Maternity care deserts: Where they are and how to improve
MISSION, S.D. (Dakota News Now) – In rural South Dakota, miles often separate expectant mothers from healthcare.
“A lot of women out here are left without any maternity care options,” said Rachel Kocak.
In Mission, moms mark their due dates and calculate miles to the nearest delivery location. Rachel Kocak, expecting her third child, said one option just closed.
“We used to have a birthing unit, I think up until a couple of months ago, and they lost their OB. So, Winner is no longer delivering babies,” Rachel said.
Some mothers remember when they could reach the hospital within a five-minute drive.
“IHS, for tribal members, they don’t deliver babies out here or provide prenatal care,” Rachel explained.
Families hope to reach the hospital before the baby arrives.
“So women either have to drive to Valentine, which is about 30 to 35 minutes from Mission, they can go to Wanblee, which is on the Pine Ridge Reservation, or they have to go to Pierre, Rapid City, or Sioux Falls,” Rachel said.
And if the roads are bad.
“I think there are a lot of babies who are unintentionally born at home. So it’s a tough place, I think, for mothers,” Rachel said.
The March of Dimes breaks down government data, showing a large portion of rural South Dakota as a maternity care desert, requiring travel of 38 or more minutes to reach an appointment or delivery room. The infant mortality rate is higher among native American babies born, compared to other races.
Health Department maps show counties in medium blue have 56 infant deaths per 100,000 births. Dark blue counties have three times as many. Grants aim to increase the number of healthcare workers, and funding supports a doula workforce program.
Kocak would like to see doulas and midwives available.
“Great opportunity for anyone who wants to become a home-birth midwife out here. The birth rate is still, I’m not sure what it is, but it’s high. There’s still a growing young population, and just not enough people to help deliver the babies,” Rachel said.
If care were closer, the outcomes could be brighter.
“You know, having the support network can make a huge change in the lives of these young, you know, these babies and young mothers who are building new families,” Rachel said.
The South Dakota Department of Health released a statement to Dakota News Now, which can be read in full below.
The South Dakota Maternal and Infant Health Task Force was created in 2025 to bring partners together to help improve the health and wellbeing of mothers and infants across the state. Their 5-year strategic plan was recently released, which has three priority areas: postpartum care to improve maternal health; safe sleep education and prevention strategies to protect infant health; and systems of care work that improves access, coordination, and quality of care statewide. One of the strategic plan activities that is supported by Rural Health Transformation is the creation of Regional Maternal and Infant Health Hubs, which will create a hub-and-spoke network connecting hospitals, clinics, tribal health services, and community organizations. These hubs will improve care coordination, strengthen referral pathways, and expand access to services for families in rural and tribal communities.
Copyright 2026 Dakota News Now. All rights reserved.
South Dakota
South Dakota GOP primary preview: US Senate
While the race to secure the nomination for governor has dominated the headlines ahead of the June 2 primary, Republican voters will also choose a candidate for one of South Dakota’s two U.S. Senate seats.
Incumbent U.S. Sen. Mike Rounds, who is seeking a third, six-year term, holds a comfortable lead over his GOP primary challenger, Justin McNeal, a Navy veteran and business owner from Rapid City, according to the latest poll from News Watch and the Chiesman Center for Democracy.
Here is a recap of the two candidates along with their thoughts heading into the June 2 election. The winner of the Republican primary will meet Democrat Julian Beaudion and Independent Brian Bengs in the Nov. 3 general election.
Hometown: Fort PierreAge: 71Occupation: Insurance broker; businessman; former governor (2003-2011); U.S. senator since 2015In their own words:
Rounds provided the following statement to News Watch:
“Working in the U.S. Senate, I’ve stayed focused on results that matter for our kids and grandkids. That means keeping the government off your back and out of your business and wallet. That means keeping our communities safe and creating a business climate that encourages job growth to keep our kids in South Dakota. And that means safety through a commitment to our men and women in uniform.
This past summer, we worked with President Trump to pass the Republicans’ Working Families Tax Cuts legislation. Without Congressional action, the average South Dakota family would have seen a $2,500 tax hike this year. Our legislation not only prevented the largest tax increase in American history, but it also provided additional tax relief for hard-working South Dakota families. That includes no tax on tips, no tax on overtime and no tax on Social Security for nearly 9 out of 10 seniors.
We’ve accomplished some great things, but our work is not done. I am running for reelection to continue bringing results back home to South Dakota.”
Hometown: Rapid City (born in Illinois and raised in Texas)Age: 42Occupation: Business owner (Dakota BioChar); Navy veteran (2001-2007)In their own words:
“I’m feeling the people in South Dakota are ready for a change. The challenge we are running into is that not enough people know who we are, but as soon as they know who we are, it’s an easy decision for them,” McNeal told News Watch in a phone interview. “I don’t have millions and millions of dollars. I’ve been largely self-funding this race up to this point.”
McNeal, who is a licensed pilot, said he has flown his small plane to events throughout the state in an attempt to get his name out.
“I talk to people about the issues that matter and I tell them the biggest thing you can do to help me is tell 10 people about me and to go vote June 2. We need about 50,000 votes to win the primary,” he said.
McNeal is not critical of Rounds and conceded “he is very popular” but said Rounds has not done enough to tackle the country’s growing fiscal deficit.
“I don’t think Mike is doing a bad job. I’m just concerned with the federal debt and the people that got us into that mess are not going to be the ones to get us out of it,” McNeal said.
“This is going to cripple the country. It just seems like politicians are focused on what they can bring to their home district or home state. And the problem with that is every member of Congress is doing the same thing, so everyone is taking and taking without making sure we can pay for it.”
South Dakota News Watch is an independent nonprofit. Read, donate and subscribe for free at sdnewswatch.org. Contact politics and statehouse reporter Alexander Rifaat: 605-736-4396/alexander.rifaat@sdnewswatch.org.
South Dakota
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