The Office of the Attorney General in Texas has filed a lawsuit against the Biden administration in what it calls an “unlawful interpretation of Title IX” which would force public schools and universities to adopt ‘transgender’ policies or risk losing federal education funds.

Under the federal law known as Title IX, it is illegal for publicly funded educational institutions including universities and K-12 schools to discriminate “on the basis of sex.” The Texas AG accuses the Biden administration of expanding this stipulation to include “sexual orientation” and “gender identity” through executive orders that were issued in 2021.

President Biden signed these orders as a way to “guarantee an educational environment free from discrimination.” But in doing so, the office of the AG accuses the administration of pushing transgender ideologies on public school systems and universities. If Title IX under its revised guidelines is violated, it could “risk over $6 billion in federal funding that supports Texas K-12 and higher education institutions,” according to the office of the AG.

The lawsuit comes during a time of heightened tensions regarding transgender policies and how these rights are protected in public spaces including the workplace and school system.

Like most conservative states, Texas has been a dominating voice in the fight against policies and guidelines that expand transgender protections. The office of the AG argues that the revised Title IX regulation incorporates “conceptions promoted by the extremist transgender movement” and that such conceptions violate Texas laws.

The office of the AG describes the revised statute as being a “blatant attempt to misuse federal regulatory power” in order to force public institutes of education to adopt and implement “‘transgender’ ideology.”

According to the lawsuit, under the revised statute, school districts could be in violation of the law if educators do not follow procedures such as calling a student by their preferred pronoun or not adhering to policies that serve LGBTQ students. Throughout the nation, it’s been made clear by parents on both sides of the argument that the adoption of such policies has not been a cohesive process.

Parents who support the adoption and implementation of transgender policies in the K-12 public school system argue that it's long overdue. However, parents of the opposing view have called it an overreach of government leaders in allowing school districts to implement policies serving transgender students or discuss topics related to the LGBTQ community without input from parents.

Parents in a Maryland school district have been a clear example of the tumultuous nature of diversity and inclusivity initiatives surrounding transgender individuals in public school systems.

Montgomery County Public Schools have adopted what has been described as an LGBTQ curriculum that introduces topics like same-sex marriage to K-12 students without offering parents the ability to opt their child out of such a curriculum.

While the Texas lawsuit does not intimately describe issues relating to school curriculum, the office of the AG does take issue with what it means for schools that implement policies that “forcibly compel students to use classmates’ so-called ‘preferred pronouns,’” and policies that allow biological men to compete in female sports teams.

The lawsuit comes amid the impeachment of former Texas AG Ken Paxton. Paxton is currently facing trial on over 20 charges including disregard of official duty, false statements in official records, conspiracy and attempted conspiracy, misappropriation of public resources, dereliction of duty, and other misconduct. Former Secretary of State John Scott is serving as the interim Attorney General for the time being.