Alabama, Florida, Georgia, and South Carolina are involved in this case, the State of Alabama v. United States Secretary of Education. 
The states are pushing to protect female athletes and students, as well as the privacy, safety, and freedom of speech of teachers.
Attorneys with Alliance Defending Freedom say they filed a friend-of-the-court brief with the 11th Circuit.
Its intention is to pause the Biden-Harris Administration's unlawful rewrite of Title IX while the case plays out.
Lathan Watts is the VP of Public Affairs with Alliance Defending Freedom. He tells AFN the rewrite would violate women's safe spaces.
“And it would rewrite it in a way to include sexual orientation and gender identity, which would allow men who claim to be women into women's sports, women's locker rooms, women's showers, dormitories, you name it," he warns.
Pronoun confusion
He said it would also likely have First Amendment implications because it requires students, teachers and professors to speak things that they know are not true, compelling them to use “preferred pronouns” for transgender individuals.
“It’s a direct assault on Title IX, and that's why ADF has -- on behalf of several clients and individual athletes, school districts, and others -- challenged this in court, and this particular case in the 11th Circuit. We filed a friend of the court brief with the 11th Circuit asking them to grant an injunction to stop the law from going into place while the litigation proceeds."
Watts said he stopped trying to predict court case outcomes long ago, but he does know the facts, and he hopes that recent precedent carries weight with this injunction request.
In the five cases Alliance Defending Freedom is litigating, the federal district courts have granted injunctions.
Yet the case currently at the Court of Appeals for the 11th Circuit is dealing with the district court’s refusal to grant an injunction while litigation proceeds.
With multiple lawsuits in multiple districts, there could be differing outcomes, and one or both parties could appeal to various Circuit Courts of Appeal. If the Circuit Courts split, this raises the likelihood that the U.S. Supreme Court would grant cert and hear the case.
