On June 19, the Utah legislature passed resolutions directing state government entities to ignore the Biden administration's new interpretation of Title IX, joining numerous other states who have opposed the administration's proposed expansion of anti-discrimination protections.

The two resolutions, HCR301 and HJR301, declare through "legislative findings" that the new rules are an "overreach of federal administrative authority."

The issue stems from the Biden administration's proposed interpretative rule, released in April, which would expand the enforceable scope of Title IX of the Education Amendments Act. Title IX bars discrimination "on the basis of sex"; the Biden administration's new rule interprets this clause as prohibiting discrimination based on "sexual orientation" and "gender identity." Opponents say the Department of Education's new rule could force states to allow biological men to play in women's sports.

The new rule, which uses 423 pages to clarify a clause that is 37 words long, is set to go into effect on August 1.

But whether it will go into effect is increasingly a matter of dispute. With the passage of the recent resolutions, Utah joins a growing number of states—including Texas, Louisiana, and Arkansas—that are officially ignoring the Biden administration's new Title IX rules. Additionally, 26 state Attorneys General have filed lawsuits against the Department of Education challenging its interpretation.

"We are a sovereign state and do not want the federal government telling us what to do," Utah state Rep. Trevor Lee (R–Layton) told Reason when asked why he voted in favor of the resolutions. "We decided already on these issues as a state."

Opponents of the law say the new rule is an incorrect interpretation of the statute and does not reflect the intentions of the original lawmakers. "It is concerning how the Executive Branch is unilaterally altering laws, circumventing Congress and compromising due process, thereby exceeding its constitutional authority," Utah state Sen. Curt Bramble (R–Provo) told Reason.