NASHVILLE, Tenn. — On Tuesday, Jonathan Skrmetti, Tennessee's Attorney General, joined with several other Republican states to file a lawsuit over federal Title IX revisions that protect LGBTQ+ students. It was filed alongside attorneys general from West Virginia, Virginia, Kentucky and Indiana.
The new provisions include language that forbids discrimination based on sexual orientation and gender identity. It also undoes sexual assault rules from former President Donald Trump's administration. The final policy drew praise from victims' advocates, but Republicans across the U.S. said it may erode the rights of students accused of sexual assault.
The new language also said LGBTQ+ students who face discrimination will be entitled to a response from their school and can seek recourse from the federal government.
The lawsuit argues that Title IX never intended such protections and argues that the U.S. Department of Education has historically interpreted "sex" as a binary distinction between males and females. Skrmetti argued that Title IX was never intended to prevent discrimination based on gender identity.
"The attempt by the Department of Education to expand the definition of sex discrimination runs afoul of our separation of powers," said Skrmetti.
The lawsuit argues that bathroom restrictions may need to change when the new rules go into effect, as well as restrictions on transgender students' participation in sports aligning with their gender identity. The lawsuit also argued that the change could result in First Amendment violations.
Previously Education Secretary Miguel Cardona said the new rule makes "crystal clear that everyone can access schools that are safe, welcoming and that respect their rights."
“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”
Title IX applies to all schools that receive federal money. Before the start of the Tennessee legislative session, lawmakers in the state considered rejecting billions of dollars in education funds over federal guidelines protecting transgender students.
"If the federal government is going to try to impose unlawful interpretations on the states, it's critical that the states push back. I'm always hopeful that it doesn't come to the federal government ticking away some of the economic opportunities for women and for some of these schools. But I also think it's critical that we say no to these radical rewrites," said Patrick Morrisey, the West Virginia Attorney General.
The new Title IX language is set to take effect on Aug. 1.
The Associated Press contributed to this story.