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.

Topline

South Dakota is the latest state to include a ballot measure in the upcoming election that seeks to protect the right to an abortion, joining three other states in what Democrats hope will boost voter turnout as the party continues to attack Republicans over the issue.

Key Facts

What We Don’t Know

Signature drives are underway in Arkansas, Missouri, Montana, Nebraska and Nevada for ballot issues that would expand access to abortion. Several states have dueling measures in the works, including Colorado, where one measure would ban abortion access and another would enshrine the right to abortion in the state constitution.

What To Watch For

South Dakota’s proposed amendment is expected to face legal challenges, according to multiple local outlets, and NBC News reported such challenges can be filed through June 17. In New York, Attorney General Letitia James said she would appeal the decision to block the ballot measure.

Key Background

Democrats have continued to capitalize on the backlash to Roe v. Wade’s reversal in 2024 by highlighting Republicans’ support for the consequential ruling, while the ballot issues are expected to draw more Democrats to the polls in November. Democrats have also targeted Republicans over the controversial Alabama Supreme Court ruling that effectively curtailed access to in vitro fertilization, blaming Roe v. Wade’s reversal for empowering states to make their own decisions on reproductive rights. Former President Donald Trump on Monday clarified his stance on abortion, declaring it should be an issue decided at the state level and on Wednesday said he wouldn’t sign a federal abortion ban into law if he were elected again.

Chief Critic

The Biden campaign is targeting Trump’s role in Roe v. Wade’s reversal in Florida and Arizona in the wake of the recent high-profile state state Supreme Court rulings there that would allow stricter abortion laws to take effect. “Because of Donald Trump, millions of women lost the fundamental freedom to control their own bodies,” President Joe Biden said in an Arizona ad aired Thursday as part of a seven-figure ad buy in the state.

Tangent

Voters have approved a string of abortion rights ballot issues since Roe v. Wade’s reversal, including in red states like Kansas and Ohio, underscoring the issue’s significant sway with voters more than a year after the Supreme Court decision. Democrats also pointed to an obscure state house race in Alabama as a harbinger for how reproductive rights issues could weigh on the November election after Democrat Marilyn Lands, who campaigned heavily on the IVF ruling, cruised to victory last week after losing the race for the seat in 2022.

Further Reading

Abortion Rights Victories Continue: Here Are All The Wins In Major Elections Since The Supreme Court Overturned Roe (Forbes)

Here’s Where Abortion Rights Are On The Ballot In The Midterms (Forbes)

15-Week Abortion Bans In Spotlight After 2023 Elections—Here’s What To Know About Them (Forbes)

Judge Nixes New York’s Abortion Rights Amendment From November Ballot—Blocking Democrats’ Voter Turnout Strategy (Forbes)

Hosting golden prairies, rolling hills, lush forests, and crisp rivers, South Dakota is truly an underappreciated gem in the US West. Additionally, with famous historic landmarks such as Mount Rushmore and the Crazy Horse Memorial, the state recounts important details of the American story. For those thinking about how to make their upcoming summer unforgettable, look no further than some of South Dakota’s coolest small towns. These incredible destinations promise an experience so memorable that reminiscing about the trip will endure for years to come.

Keystone

Surrounded by lush forests, historical monuments, and granite tunnels, Keystone has scenery that belongs on the front of a postcard. In less than a ten-minute drive from Keystone’s center, travelers can arrive at the world-renowned Mount Rushmore to appreciate the majestic, colossal carvings of Washington, Jefferson, Roosevelt, and Lincoln in person. If Mount Rushmore was not enough reason to visit, Keystone also sits in the center of the Black Hills National Forest, a gorgeous accumulation of forested mountains and hills where hikers can explore canyons, streams, wide grasslands, and more. For visitors who want to learn more about presidents after visiting Mount Rushmore, the National President Wax Museum contains wax replicas of all 46 presidents that immerse its visitors in iconic moments from their presidencies.

Custer

Neighboring Keystone is Custer, a lively town encompassed by natural beauty. Visitors will love the cozy downtown area, filled with boutiques, galleries, gift shops, and local cuisine. Additionally, a short drive away lies Jewel Cave National Monument, one of the longest caves in the world at over 215 miles of known passages which visitors can immerse themselves in with a guided tour. The Crazy Horse Memorial, the longest mountain carving in the world, is also nearby. Lastly, nature lovers can check out Custer State Park, which hosts an abundance of rolling plains, granite peaks, and mountain waters and has opportunities to hike, bike, camp, swim, and more.

Deadwood

Having been a key part of the Wild West narrative in the 19th century, the entire town of Deadwood is a National Historic Landmark. Although centuries have passed, the town maintains much of its Wild West town historic vibe. Lodging in the excellently located, historic 1899 Inn is a great way for travelers to start off their vacation immersed in the town’s history. Visitors can begin their day by visiting the historic district, lined with cobblestone streets and historic buildings that house antique and jewelry shops, boutiques, sweet shops, and more. Deadwood has a variety of wineries and breweries that are perfect for sipping a drink on a summer evening, such as Belle Joli Winery Sparkling House, featuring a gorgeous patio overlooking the vineyards. The surrounding Black Hills are filled with natural beauty and feature lush, lively forests with many opportunities to hike, picnic, and see native wildlife.

Wall

Wall, serves as a gateway to a variety of South Dakota natural attractions. Its Western spirit and small-town charm immerse visitors in peace and relaxation. Strolling down its main street, visitors can visit quaint local businesses, such as jewelry stores, wine and fudge shops, souvenir shops, and more. Perhaps one of its most well-known attractions is Wall Drug, an oasis in the middle of the West that draws in an estimated two million visitors per year and offers activities, dining, souvenirs, gifts, and more, guaranteeing fun for the whole family. A mere 10-minute drive from Wall sits Badlands National Park, a park with stunning geological formations, fossil beds, and wildlife such as bison, prairie dogs, bighorn sheep, and ferrets.

Brookings

Brookings is a vibrant college town, home to South Dakota State University, and hosts a variety of attractions for all kinds of travelers. Visitors can see cultural attractions such as the South Dakota Art Museum and families can enjoy an afternoon of fun at the Children’s Museum of South Dakota. The cuisine in Brookings will pleasantly surprise you, with mouthwatering restaurants such as George’s Pizza, which in addition to pizza, serves delicious Greek dishes such as gyros and baklava! A night would not be complete without a stop at the cozy Mosaic Wine Bar, which offers an array of wines and beers. Brookings also has its fair share of natural attractions, such as the McCrory Gardens, an immaculate set of gardens featuring an impressive variety of native and exotic plants.

Hot Springs

For those looking for a relaxing, stress-relieving destination, Hot Springs is the perfect town. A morning soak in the Moccasin Springs Natural Mineral Spa, with waters varying between 88°F to 102°F, will leave visitors feeling refreshed and relaxed. For lunch or dinner, travelers must try the beloved Wooly’s Grill & Cellar, a family-owned restaurant and coffee bar providing homemade food. History and archeology fans must visit the Mammoth Site, the biggest active dig site in the Western Hemisphere. If you are visiting on the weekend, finish off the evening with a film and buttery popcorn at the Hot Springs Theater, a community favorite.

Pierre

While Pierre is the capital of South Dakota, it has a population of around 14,000 people, making it the second smallest capital in the US. This results in the city having a more laid-back and relaxing small-town vibe that visitors will love for a summer vacation. The best way to start the day in Pierre is with fresh coffee from one of Pierre’s many coffee shops, such as Scooter’s Coffee in the downtown area. While in the downtown area, visitors can appreciate the historic central area, with tree-lined roads, boutiques, and all kinds of restaurants. A short drive away, travelers can visit natural beauties such as the Oahe Dam, the fourth biggest man-made lake in the US, or Fort Pierre National Grassland, composed of prairies, rolling hills, creeks, and an abundance of unique native plants and wildlife.

Mitchell

Mitchell, with its mild summers, golden prairies, and scenic Great Plains landscapes, is the perfect destination for those seeking a memorable trip to the American West. The town celebrates its history through facilities such as the Prehistoric Indian Village, a museum that showcases indigenous artifacts and acts as a live excavation site that visitors can see in action. History buffs can continue their exploration of Native American culture by visiting the Dakota Discovery Museum. Mitchell’s Corn Palace is also an unmissable landmark, as it is a building decorated with intricate designs made of corn and native grasses. For nature lovers, Lake Mitchell is mere minutes from the downtown area, where visitors can partake in a variety of recreational activities.

Final Thoughts

In conclusion, South Dakota offers an array of picturesque landscapes and rich historical sites, making it the perfect destination for an unforgettable summer adventure. From the iconic Mount Rushmore to the tranquil prairies of Mitchell and the historic charm of Deadwood, each town tells a unique story. Whether appreciating natural wonders, exploring cultural attractions, or simply savoring local cuisine, travelers are sure to create lasting memories that will last for years to come in the heart of South Dakota’s coolest small towns.