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Utah considers challenging Biden administration over Title IX revisions

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SALT LAKE CITY — Utah may be the next state to sue the Biden administration over revisions to Title IX regulations that protect LGBTQ+ students who attend schools that receive federal money.

House Speaker Mike Schultz said Thursday that the state plans to challenge the protections put in place last week. Six states have already filed a lawsuit against the Department of Education because of the changes.

“We're not going to let the Biden administration and the Democrats destroy women's sports in the state of Utah," said Schultz in a statement. "We plan to ask for an injunction from the courts and will do everything in our power to stand up for our females.”

The protections put in place are scheduled to take effect in August and clarify that Title IX forbids discrimination based on sexual orientation or gender identity. Students who face discrimination from their schools can seek recourse from the federal government.

Critics believe the changes are meant to protect transgender athletes, though those students are not actually mentioned in the revisions.

Scripps News reports the changes are meant to ensure that schools and colleges respond to complaints of sexual misconduct. In general, the rules widen the type of misconduct that institutions are required to address, and it grants more protections to students who bring accusations.

Chief among the changes is a wider definition of sexual harassment. Schools now must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student's equal access to an education.

Rep. Virginia Foxx, a Republican from North Carolina and chair of the House Education and the Workforce Committee, said the new regulation threatens decades of advancement for women and girls.

While Schultz has the power of the Republican-led Utah State Legislature behind him, the Utah Attorney General's Office would make the decision on whether to file a lawsuit.