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Excerpt from nebraskaexaminer.com
The top lawyers for Arkansas and Missouri on Tuesday announced the filing of a lawsuit with four other states, including Nebraska, against the U.S. Department of Education’s change to Title IX that, among other things, codifies protections for LGBTQ+ students.
The federal rule, announced in April, protects students and school employees from sex-based discrimination, requires schools to offer support for people who make complaints, sets guidelines for schools and includes transgender students in the law’s protections. It is expected to go into effect Aug. 1.
The 60-page lawsuit alleges the education department has exceeded its authority by rewriting the statute. It also claims the rule violates the First Amendment, is arbitrary and capricious by going against “decades” of understanding of Title IX and presents “an actual controversy” by redefining “sex” to include gender identity.
The suit, filed in the U.S. District Court for the Eastern District of Missouri, seeks to ultimately stop the federal rule’s effective date.