Demonstrators cheer during the speaking program at the "Our Bodies, Our Sports" rally for the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022, in Washington, DC. (Anna Moneymaker/Getty Images)
"While the administration claims this change won’t affect sports, it has already made its position clear that men who identify as women should compete in women’s sports under Title IX," Rouleau said.
The Biden administration has supported one student’s efforts, who identifies as transgender, to compete against ADF's client and other girls in women’s sports in West Virginia, ADF says.
After a federal court ruled against ADF and allowed the student to compete on the girls’ team, that athlete finished ahead of girls more than 700 times in cross-country and track-and-field events, ADF claims.
"Our client has also lost her right to use the women’s locker room free from harassment and without a male present. This egregious example is just one of many ongoing difficulties girls are facing with this illegal rewrite of federal law and vast executive authority overreach," Roleau said.
ADF's motion was filed as part of an ongoing lawsuit launched by Tennessee Attorney General Jonatahn Skrmetti and over 20 other states against the administration's new rules.
"Fifty years ago, Congress revolutionized our educational system. In 1970, nearly 34% of working women lacked high-school diplomas. In 2016, it was 6%. In 1972, 7% of high-school varsity athletes were women. In 2018, it was 43%. The change occurred because the people’s representatives balanced various interests and produced legislation centered on 37 words in [Title IX Of The Education Amendments Of 1972]: no person shall be excluded from, denied benefits of, or subjected to discrimination in educational programs on the basis of sex,'" ADF's motion states.
SUPREME COURT WON'T HEAR PARENTS' CHALLENGE TO MARYLAND SCHOOL TRANSGENDER POLICY
(L-R) Chelsea Mitchell, Selina Soule and Alanna Smith, three former Connecticut high school track athletes, listen during an "Our Bodies, Our Sports" rally for the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022, in Washington, D.C. (Anna Moneymaker/Getty Images)
"None of this is justified — or justifiable," it states.
The Department of Education previously told Fox News Digital in a statement that it "does not comment on pending litigation."
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"The Department crafted the final Title IX regulations following a rigorous process to give complete effect to the Title IX statutory guarantee that no person experiences sex discrimination in federally-funded education," the statement reads.
Fox News Digital's Joshua Q. Nelson contributed to this report.
Brianna Herlihy is a politics writer for Fox News Digital.
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