PIERRE, S.D. – Governor Kristi Noem and Attorney General Marty Jackley announced that South Dakota will not stand for President Joe Biden’s dangerous dismantling of Title IX, the over 50-year-old civil rights law that prohibits sex-based discrimination in schools.

“Mediocre men do not have the right to steal opportunities from exceptional women,” said Governor Noem. “South Dakota has the toughest law in the nation to protect girls’ and women’s sports. We will defend our laws. We will preserve the rights of women. And we will see President Biden in court.”

The U.S. Department of Education released its Final Rule redefining Title IX’s historic “on the basis of sex” to “on the basis of gender identity” in education programs or activities, a direct affront to Title IX’s foundational purpose. The Bostock decision warned of this consequence.

In 2022, Governor Noem signed the strongest bill in America to protect girls’ sports. She followed that action by leading a letter co-signed by 15 Republican governors urging the Biden Administration not to take this action. And, more than five months ago, Governor Noem led eight of her fellow Republican governors in urging the NCAA to rewrite its Transgender Student Athlete Policy.

“The Biden Administration is undermining State authority and one of Title IX’s major achievements, giving young people an equal opportunity to participate in sports,” said Attorney General Jackley.

The Final Rule attempts to coerce states to adopt Biden’s agenda and policies. The State of South Dakota looks forward to joining efforts to enjoin this Rule before its detrimental effect takes place August 1.