Ron DeSantis, the Governor of Florida, has made it abundantly clear that his state will not comply with new regulations designed to safeguard LGBTQ+ students from discrimination. In a recent video shared on social media, DeSantis boldly proclaimed, “Florida rejects Joe Biden’s attempt to rewrite Title IX. We will not comply, and we will fight back.”
These regulations, issued by the Department of Education, aim to prevent discriminatory and harassing behavior against LGBTQ+ students under Title IX.
The legal argument behind these measures asserts that discrimination against LGBTQ+ individuals inherently involves considerations of sex, echoing the Supreme Court’s 2020 Bostock v. Clayton Co. decision. However, despite this legal precedent, DeSantis stands firm in his decision not to enforce these protections in Florida.
DeSantis specifically voiced concerns about the participation of transgender student-athletes in sports teams. Although the new Title IX rules do not directly tackle this issue, DeSantis criticized President Biden for allegedly sidestepping the matter during an election year. Asserting his position, DeSantis declared, “We are not gonna let Joe Biden try to inject men into women’s activities.”
DeSantis is not alone in his opposition to the federal guidelines. Officials from other states, such as Louisiana, South Carolina, and Oklahoma, have also encouraged schools to ignore the regulations.
Louisiana’s Superintendent of Education, Cade Brumley, cited potential conflicts with existing state legislation as justification for non-compliance. Similarly, South Carolina Schools Superintendent Ellen Weaver expressed concerns that the rules would put girls and women at a disadvantage in educational settings.
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Legal challenges to the regulations have surfaced as well, with the Alliance Defending Freedom (ADF), an anti-LGBTQ+ legal group, pledging to take action. The ADF argues that the rules overlook biological distinctions and pose a threat to women’s sports.
DeSantis has a track record of supporting legislation that diminishes the rights of LGBTQ+ youth. Previous measures enacted under his administration include bans on discussions of LGBTQ+ identities in schools, limitations on gender-affirming healthcare for transgender youth, and restrictions on transgender youth participation in school sports.