Federal Court Smacks Down Biden’s ‘Transgender’ Education Rule
Written by Teddy on July 12, 2024
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A recent federal court decision out of Kansas takes an innovative approach to stopping public schools from adhering to a destructive new “transgender” regulation being implemented by the Biden administration.
Title IX is a federal law passed in 1972 that banned sex discrimination in public or publicly-funded elementary schools, secondary schools, and institutions of higher education. Title IX is credited with creating new opportunities for girls and young women to play sports. In 2022, the U.S. Department of Education proposed a new regulation under Title IX; in response, more than 240,000 comments were submitted. The final version of the new regulation—entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” and referred to as the “Final Rule”—was released on April 19, 2024 and is scheduled to go into effect on August 1, 2024.
The 1,561-page Final Rule contains provisions relating to sexual harassment and grievance procedures. Sadly, like many other Biden administration policies, it also promotes transgenderism. The Final Rule redefines sex discrimination to include discrimination based on sex characteristics, sex stereotypes, sexual orientation, and gender identity. The Final Rule would require educational institutions that receive federal funds to allow “transgender” students to use opposite-sex facilities and participate in single-sex classes that are designated for members of the opposite sex. No definition of “gender identity” is included, but the Final Rule would make it unlawful to require a student “to submit to invasive medical inquiries or burdensome documentation requirements to participate in a recipient’s education program or activity consistent with their gender identity.” According to Alliance Defending Freedom, the Final Rule has free speech implications as well; under its provisions, speech “expressing the understanding that sex is binary” could be construed as unlawful harassment. The Hill adds that the Final Rule could require individuals to violate state laws relating to transgenderism in school facilities.
On July 8, 2024, Politico reported that a “Take Back Title IX” bus tour has held rallies against the Final Rule in 30 states. In addition, Politico reported that 26 states have challenged the Final Rule in court, that the Final Rule has been temporarily blocked in 14 states, and that a total of three federal judges have ruled against it. One of those federal judges is Judge John W. Broomes of the U.S. District Court for the District of Kansas.
In State of Kansas v. U.S. Department of Education, Judge Broomes issued a July 2 order stating that the plaintiffs were likely to win on their claims that the Final Rule is against the law, exceeds the government’s authority, and violates the First Amendment. The plaintiffs in the case include four states (Kansas, Alaska, Utah, and Wyoming) and three organizations (Female Athletes United, Moms for Liberty, and Young America’s Foundation). Judge Broomes granted a preliminary injunction preventing the Final Rule from being implemented or enforced in the four plaintiff states. (A preliminary injunction is a court order issued in a civil lawsuit to forbid a defendant from acting in an unlawful manner.) Significantly, Judge Broomes also barred the implementation and enforcement of the Final Rule in federally-funded educational institutions attended by members of Female Athletes United and Young America’s Foundation. Finally, Judge Broomes barred the implementation and enforcement of the Final Rule in federally-funded educational institutions attended by minor children whose mothers are members of Moms of Liberty. Judge Broomes directed the three plaintiff organizations to provide the court with a list of the schools attended by their members or by the children of their members, as applicable. This information is due to be provided to the court by July 15, 2024.
What does all of this mean? It means the following: (a) if you are a student at a federally-funded educational institution, and if you are a member of Female Athletes United or of Young America’s Foundation, the Final Rule will (at least temporarily) be barred from going into effect at your school; and (b) if you are a member of Moms for Liberty and your minor child attends a federally-funded school, the Final Rule will (at least temporarily) be barred from going into effect at your child’s school. Judge Broomes’s order is not a final order, and the federal government is expected to appeal it.
Anyone wishing to keep the Final Rule out of his or her school (or out of his or her child’s school) by becoming a member of one of the three organizations referred to above is encouraged to contact that organization immediately, keeping in mind the court-imposed July 15 deadline.
The post Federal Court Smacks Down Biden’s ‘Transgender’ Education Rule appeared first on New York Families Foundation.
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