Kris Kobach sues Biden administration over controversial Title IX changes

TOPEKA (KSNT) - Kansas Attorney General Kris Kobach is announcing a lawsuit Tuesday against the Biden Administration for rewriting Title IX.

Kobach made his announcement live in the Kansas Statehouse on May 14. He was accompanied by representatives of Alliance Defending Freedom and two female Kansas athletes: Aubrey and Avalon Simpson.

“It’s insanity," Kobach said in a written statement. "Biden’s Title IX rule is unconscionable. It’s dangerous to girls and women, and it’s against federal law."

The American Civil Liberties Union (ACLU) issued a press release in response to Kobach's lawsuit:

"Mr. Kobach either inherently misunderstands the intent and impact of Title IX protections, or he purposefully misinterprets them.

The U.S. Department of Education's rules require that schools guarantee that all students, including survivors of sexual harassment, LGBTQ students, and pregnant and parenting students, have full and equal access to educational opportunities regardless of sex. To Mr. Kobach, the issuance of the rule is an opportunity to advance his extreme agenda — but for Kansans who face sexual harassment and violence, this is about protecting their right to be safe in leaving their rooms, going to class, or getting help they need.

Mr. Kobach is claiming that he is standing up for girls and women. But what he is really doing is continuing his decades-long crusade against our shared values and fundamental rights, using his misleading legal interpretations to try to transform the law into a tool that persecutes Kansans instead of protecting them." 

Micah Kubic, ACLU of Kansas executive director

What is Title IX?

The U.S. Department of Education (DOE) describes Title IX as protecting people from discrimination based on sex in education programs or activities that receive federal financial assistance. It applies to schools, local and state educational agencies along with other institutions that receive federal financial assistance from the DOE.

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX excerpt

You can learn more about Title IX by reading the full legal manual through the U.S. Department of Justice (DOJ) Civil Rights Division's website by clicking here.

Controversial changes

President Joe Biden moved to expand Title IX protections for LGBTQ students in 2022. The proposal was intended to replace rules issued during the administration of former President Donald Trump.

The final changes for Title IX were revealed in April 2024. These included reinstituted protections for student survivors of sexual assault and harassment. States with Republican leadership quickly began challenging the changes, saying they undermine the original purpose of Title IX.

The full complaint issued by Kobach on Tuesday can be found below or by clicking here:

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