A federal judge has blocked President Biden’s expansion of Title IX in four states, calling the mandatory gender identity protections an “abuse of power.” U.S. District Judge Terry Doughty granted a preliminary injunction on Thursday, and referred to the Biden administration’s unilateral Title IX changes as a “threat to democracy.”
Doughty mentioned that the abuse of power by executive federal agencies in the rulemaking process is evident in this case. He emphasized that the separation of powers and system of checks and balances exist in the country for a reason. The ruling stated that the changes were inadmissible because the term “gender discrimination” as used in the establishment of Title IX only included discrimination against biological males and females at the time of enactment.
This ruling blocks the implementation of the changes in Louisiana, Mississippi, Montana, and Idaho. Title IX is a longstanding civil rights law that prohibits sex-based discrimination in schools and other educational institutions that receive federal funding.
Under the new rules, sex discrimination would include discrimination based on gender identity as well as sexual orientation. The latest update from April expands the definition of discrimination on the basis of sexual orientation and gender identity, which critics argue would undermine protections for women and girls.
Critics of the changes are concerned that the new rules would allow locker rooms and bathrooms to be based on gender identity. LGBTQ+ students who face discrimination would be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.
Advocates for the change view it as necessary to protect transgender students. The rule is set to take effect on August 1st. Lawsuits against the Biden administration’s changes similar to the Louisiana case are in progress in states across the country.
It is important to note that this ruling could have significant implications for the future of Title IX and how gender discrimination is addressed in educational settings. The debate around gender identity and discrimination continues to be a complex and evolving issue in our society.