In recent weeks, North Dakota Attorney General Drew Wrigley made headlines by announcing his decision to join a multi-state lawsuit against the Department of Education.

The lawsuit challenges the Biden administration's expansion of Title IX, a law originally designed to protect against sex discrimination in educational programs. Wrigley and attorneys general from four other states argue that the new interpretation of Title IX, which includes protections based on sexual orientation, gender identity, and sex characteristics, will force schools to allow men to participate in women's and girls' sports teams and use women's facilities.

The Evolution of Title IX

Signed into law in 1972, Title IX was initially intended to address gender discrimination in education. Its scope has since expanded, and the law now protects against various forms of discrimination, including sexual harassment and assault. The Biden administration's recent expansion of Title IX represents a significant step forward in protecting the rights of LGBTQ+ individuals, including transgender students.

Challenges to the Expanded Title IX

Despite the progress that the expanded Title IX promises, it has faced fierce opposition from conservative groups and lawmakers. North Dakota, for example, already has laws in place that restrict transgender females' participation in sports and prohibit transgender students from using bathrooms that align with their gender identity. Attorney General Wrigley argues that the Biden administration's interpretation of Title IX is radical and undermines the safety and privacy of individuals, particularly young female athletes.

Impact on Schools and Students

The implications of the expanded Title IX are far-reaching, affecting not only transgender students but also pregnant or recovering students. Schools are now grappling with how to navigate these new regulations, particularly in states like North Dakota, where there is existing legislation that contradicts the expanded Title IX. Dr. Kaylyn Bondy, the Title IX Coordinator at BSC, acknowledges the uncertainty surrounding these rulings and emphasizes the need for schools to monitor federal and state-level discussions closely.

Legal Challenges and Responses

The lawsuit led by Attorney General Wrigley and his counterparts raises fundamental questions about the interpretation of Title IX and the rights of transgender individuals. The North Dakota ACLU and Gender Justice U.S. argue that joining the lawsuit strips transgender people of their rights and freedoms. On the other hand, Dickinson State University officials are taking a cautious approach, following the guidance provided by the NAIA, which has not yet addressed sex-separated sports teams in its regulations.

Looking Ahead: The Future of Title IX

The finalized ruling on the expanded Title IX is set to take effect in August, pending the outcome of the lawsuit. The legal battle over the interpretation of Title IX reflects broader societal debates about gender identity and equality. As schools and students navigate these uncertain times, it is essential to uphold the principles of inclusivity and respect for all individuals, regardless of their gender identity or sexual orientation.

The controversy surrounding the expanded Title IX underscores the complex and evolving nature of gender identity rights. While some argue that the new regulations are necessary to protect the rights of transgender individuals, others believe that they undermine the safety and privacy of students, particularly female athletes. As the legal battle continues, it is crucial for schools and policymakers to strike a balance that ensures equal rights for all students while respecting the diverse needs of individuals in the educational system.