Arkansas Attorney General Griffin leads 26-state amicus supporting West Virginia Title IX appeal to U.S. Supreme Court

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after filing an amicus brief on behalf of himself and 25 other state attorneys general calling on the United States Supreme Court to take up West Virginia’s appeal of a lower court ruling that struck down the state’s law protecting girls’ sports:

“Like Arkansas, West Virginia has a strong interest in safeguarding the benefits of equal access to athletic opportunities for women and girls. They deserve the opportunity to shine on a level playing field. Biological males should not be robbing females of their opportunity to compete for athletic accolades or scholarships, nor should they be threatening the safety of women in competition. I will continue fighting to protect girls’ sports teams and the opportunities of female athletes.”

The United States Court of Appeals for the Fourth Circuit blocked West Virginia’s “Save Women’s Sports Act,” which bans male athletes from playing on girls’ sports teams, saying the law violated Title IX. West Virginia Attorney General Patrick Morrisey filed a petition with the United States Supreme Court to hear his appeal.

Griffin is leading the amicus brief with Alabama Attorney General Steve Marshall supporting the West Virginia appeal. They are joined by the state attorneys general of Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

To read the brief, click here.

For a printer-friendly version of this release, click here.

Attorney General Griffin Hails Decision in Title IX case as a win for Arkansas women and girls

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement regarding the preliminary injunction issued by the United States District Court for the Eastern District of Missouri in Arkansas v. U.S. Department of Education halting the implementation of the Biden-Harris administration’s new rule interpreting Title IX:

“Today’s ruling is a victory for women and girls in Arkansas and across the nation as yet again a federal court has stopped the Biden-Harris administration from going around Congress to implement a ridiculous, nonsensical, and illegal election-year move.

“Congress enacted Title IX to protect and promote educational opportunities for women and girls. This preliminary injunction halts the administration’s plan to allow men into women’s and girls’ locker rooms, restrooms, and showers. It stops the administration’s plan to allow males onto girls’ sports teams. It also protects teachers, administrators, and students from the threat of investigation or sanction for disagreeing with the gender ideology of the Biden-Harris White House. And it comes just in time before the start of the new school year.

“I congratulate Solicitor General Nicholas Bronni and Deputy Solicitor General Dylan Jacobs for their diligence that led to today’s victory.”

Griffin filed the suit on May 7 and was joined by the attorneys general of Missouri, Iowa, Nebraska, North Dakota, South Dakota, and an Arkansas high-school athlete.

To read the order, click here.

To read the original lawsuit, click here.

Attorneys General Griffin and Bailey file Title IX suit on behalf of six states alongside Arkansas high school athlete

LITTLE ROCK – Attorney General Tim Griffin and Missouri Attorney General Andrew Bailey today issued the following statements after filing suit in the U.S. District Court for the Eastern District of Missouri on behalf of four other state attorneys general alongside an Arkansas high school athlete against the U.S. Department of Education over its new rule interpreting Title IX:

“The overwhelming majority of Americans see the Biden administration’s rule change for what it is: a ridiculous, nonsensical and illegal election-year move that few can comprehend or support. It’s outrageous.

“Congress enacted Title IX to protect and promote opportunities for women and girls in education and sports. For the last half century, that’s what it has done. But President Biden and his Department of Education now want to radically reinterpret Title IX and recast it as a rule about gender identity.

“The rule we’re challenging today requires schools and universities to allow men onto women and girls’ sports teams. It robs young female athletes of opportunities. It forces schools and universities to allow men into women and girls locker rooms, restrooms, and shower facilities. It compels teachers, administrators, and even fellow students to use an individual’s preferred pronouns. And it subjects anyone who disagrees with President Biden’s view of sex to investigation and possible sanction.

“That contravenes Title IX’s plain language, and it violates the Constitution. That’s why we’re challenging it, and it’s also why we’re confident the federal courts will set aside this unlawful regulation. I am proud to stand with my fellow attorneys general and one of my constituents against President Biden’s latest attempt to push forward by fiat what Congress never passed into law and to defend the laws we’ve passed in Arkansas to protect female athletes.”

Attorney General Bailey added:

“Joe Biden is once again exceeding his constitutional authority, this time to put a radical transgender ideology ahead of the safety of women and girls. As the father of a young daughter, I take this personally. The Biden Administration has threatened to hold federal funding hostage from any institution who rejects this unconstitutional and sexist rule. I’m filing suit because I will not allow federal bureaucrats to subject Missouri girls to unsafe conditions in order to push a radical transgender ideology.”

The suit, filed by the attorneys general of Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and an Arkansas high school athlete asks the court to stay the rule; grant a preliminary injunction preventing the rule’s implementation; enter a judgment that the Department of Education’s interpretation is unlawful; and vacate the rule.

The lawsuit can be read here.

Governor Hutchinson Announces Opposition To Proposed Rules Undermining Women’s Sports

In a news conference on Thursday afternoon, Governor Asa Hutchinson announced his opposition to proposed amendments to the regulations on implementing Title IX.

"The proposed rules would make it clear that sexual orientation and gender identity are both covered under the non-discrimination laws for our schools," Governor Hutchinson said. "This would interfere with Arkansas law, it would interfere with common sense, and it would interfere with local control."

Governor Hutchinson said the proposed changes would violate Arkansas law that prohibits biological males from competing in women's sports. He announced Arkansas Attorney General Leslie Rutledge has filed a response with other Attorneys General opposing the new rules.

Secretary Johnny Key and the Department of Education have also joined other states in presenting comments opposing these proposed rules.

"These proposed amendments of the Biden administration not only fly in the face of well-established law but in the face of reason and the intent of Congress," Governor Hutchinson said. "The state of Arkansas will not stand by idly while the federal government seeks to redefine the law to the detriment of women's sports and local decision making."