BOISE, Idaho — Idaho’s paperwork battle with the Federal government continues on a new front, Title IX.
Idaho joined other Republican led states, filing a lawsuit against the U.S. Department of Education over a new rule that is set to expand the definition of discrimination under Title IX.
The rule, which will go into effect in August, prohibits discrimination based on "gender identity," something Idaho lawmakers debated at length in 2024.
“So the Biden administration decided to change Title IX,” said Idaho Attorney General Raul Labrador.
Labrador believes the Biden administration is far beyond their purview with the update to Title IX.
“It should be the legislature that changes the laws of the United States. And if this is a change that they want for the people, the United States, they should introduce a bill. Let the legislature or the Congress actually make those changes. But they're not willing to do that because they know that the American public is not with them on this issue, and they know that they're not going to be able to pass it through the legislative body,” Labrador said.
Idaho argues in a federal filing that the rule is unlawful and goes far beyond the Department of Education’s authority. Idaho and partner states say that the rule redefines the term "sex" in a way that is contrary to the text of Title IX and the intent of Congress.
“This is, once again, an example of the Biden administration being frustrated because they know they cannot pass legislation, they cannot pass a law that changes the law in a way that they find favorable, and they go through regulation and they change years and years and years of law by just passing a simple rule, and that's not the way our government was created,” Labrador said.
Idaho’s State Department of Education weighed in on the challenge.
Superintendent of Public Instruction Debbie Critchfield said in a statement that Idaho education agencies have concerns: “I fully support the state’s legal action against the federal government. The current administration's tactic of inserting itself into the business of states and, in this instance, locally elected school board members has grown tiresome. These sorts of actions waste valuable time and resources and take away from our focus on educating kids.”
Idaho’s so called 'bathroom law' is in direct conflict with the Federal rule. Idaho law requires public schools to only allow students to use bathrooms and changing facilities that correspond to their biological sex.
“My job is always to defend the law, and I always find it funny when people say, why are you filing all these different lawsuits? Well, our legislature passed a law. My job is to protect and to defend those laws. And that's why I got elected. And I think I will continue to do that,” Labrador said.
Idaho also has a law set to go into effect on July 1 that prevents public employees, like teachers, from being required to address someone using their pronouns. It was House Bill 538 this past session. The legislation also bans teachers from using names or pronouns for students that don't align with the name or gender the student was assigned at birth, unless the teacher has parental consent.
“We're going through litigation on many of these cases, but we think eventually we're going to win on this issue. And I think we're going to win on the issue where Title IX should not be including gender identity in any way,” Labrador said.
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