Amelia Ford, 15, speaks at a press conference in Little Rock on May 7, 2024, where Arkansas Attorney General Tim Griffin announced he and five other state attorneys general are suing the U.S. Department of Education over an expansion of federal Title IX protections to transgender students. Amelia and her mother are also plaintiffs in the litigation (Mary Hennigan/Arkansas Advocate).Arkansas Attorney General Tim Griffin on Tuesday filed a lawsuit with five other states, including Missouri, against the U.S. Department of Education’s change to Title IX that codifies protections for LGBTQ students.
The federal rule, announced in April, protects students and employees from sex-based discrimination, requires schools to offer support for people who make complaints, sets guidelines for schools and codifies protections for transgender students. It is expected to go into effect on Aug. 1.
The 60-page lawsuit, filed in U.S. District Court for the Eastern District of Arkansas, alleges the education department exceeded its authority by rewriting the law. It also claims the rule is unconstitutional through a violation of the First Amendment, goes against decades of understanding of Title IX making it arbitrary and capricious, and presents “an actual controversy” by redefining “sex” to include gender identity.
The suit seeks to ultimately stop the federal rule’s effective date.
Though Title IX applies broadly, Griffin’s press conference Tuesday largely focused on transgender students joining girls’ sports teams.
Missouri Attorney General Andrew Bailey and Arkansas Solicitor General Nicholas Bronni joined Griffin at the press conference, as did Amelia Ford, a 15-year-old sophomore at Brookland High School near Jonesboro. Amelia and her mother Sara are plaintiffs in the suit, along with Missouri, Nebraska, Iowa, North Dakota and South Dakota.
Amelia, a basketball player, said she’s worked hard to earn her spot on the team and doesn’t want that opportunity taken away from her. She also expressed concerns about the possibility of having “a boy who identifies as a girl” in her bathroom, locker room or hotel room during overnight sports trips.
“You don’t just become a girl by what you feel or by what you think,” Amelia said. “The government should not force us to disregard common sense and reality.”
The lawsuit mentions Ford’s faith several times and states it would be a violation of her Christian beliefs to refer to someone using pronouns that don’t align with the person’s biological sex.
Bailey referred to the Title IX rule as being “in favor of a radical transgender ideology,” and Griffin seemed baffled by the idea of such a proposed change.
“For a legal suit, it can’t just be ridiculous, nonsensical, hard to believe, outrageous — there has to be a legal basis,” said Griffin, who also added that he thinks “nationally, a vast majority of people think this whole thing is nonsensical.”
Asked whether he saw the lawsuit as harmful to transgender students, Griffin said, “No, I see it as following the law.”
Griffin’s lawsuit comes days after Arkansas Gov. Sarah Huckabee Sanders signed an executive order instructing public schools to follow state law instead of the federal Title IX rule when it goes into effect in August.
“My message to Joe Biden and the federal government is that we will not comply,” Sanders said during a press conference.
A number of other states have also filed suit against the Title IX rule in their own federal circuit courts, and more are expected.
This story was originally published by the Arkansas Advocate, a States Newsroom affiliate.
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