Joe Biden's attempt to mainstream transgenderism in education by claiming that "gender identity" was the same as sex was effectively killed by a federal judge. Judge Danny C. Reeves (G. W. Bush appointee) ruled the Department of Education's gambit was unconstitutional, arbitrary and capricious, exceeded the agency's authority, and was an “attempt to bypass the legislative process and completely transform Title IX.”
The Biden administration issued the new interpretation of Title IX in April, removing the clear and easy-to-follow interpretation put in place by the Trump administration; Biden Guts Trump-Era Title IX, Issues Rules to Protect LGBTQ Students, Eliminate Gender-Based Categories – RedState.
The new rules, which take effect on Aug. 1, effectively broadened the scope of Title IX, the 1972 law prohibiting sex discrimination in educational programs that receive federal funding. They extend the law’s reach to prohibit discrimination and harassment based on sexual orientation and gender identity, and widen the range of sexual harassment complaints that schools will be responsible for investigating.
“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Miguel A. Cardona, the education secretary, said in a call with reporters.
The rules deliver on a key campaign promise for Mr. Biden, who declared he would put a “quick end” to the Trump-era Title IX rules and faced mounting pressure from Democrats and civil rights leaders to do so.
Even though the new interpretation did not specifically address the issue of men claiming to be women so they could play women's sports, it implies that any educational institution doing so will face a federal investigation.
While the regulations released on Friday contained considerably stronger protections for L.G.B.T.Q. students, the administration steered clear of the lightning-rod issue of whether transgender students should be able to play on school sports teams corresponding to their gender identity.
The administration stressed that while, writ large, exclusion based on gender identity violated Title IX, the new regulations did not extend to single-sex living facilities or sports teams. The Education Department is pursuing a second rule dealing with sex-related eligibility for male and female sports teams. The rule-making process has drawn more than 150,000 comments.
Under the revisions announced on Friday, instances where transgender students are subjected to a “hostile environment” through bullying or harassment, or face unequal treatment and exclusion in programs or facilities based on their gender identity, could trigger an investigation by the department’s Office for Civil Rights.
Several states sued, resulting in injunctions that prevented the regulations from going into effect in 26 states.
BACKGROUND:
Moms for Liberty Files Lawsuit Against Biden Administration Over Title IX Rules – RedState
Texas Judge Slaps Down Biden's Title IX Expansion for Transgender Students – RedState
Federal Judge Blocks Major HHS Rule Equating Sex to Gender Identity – RedState
The Biden administration's appeal to the Supreme Court was denied; see NEW: Supreme Court Denies Biden Admin. Emergency Request to Partially Reinstate Title IX Rule – RedState.
Thursday's ruling covers the entire United States.
🚨Huge win! Biden's radical Title IX rewrite has been defeated in court again. For now, Hoosier girls and girls nationwide are protected from biological males being able to infringe on their private spaces. Proud to be a part of the coalition of like-minded AGs fighting for this… pic.twitter.com/Uk66gBMd50
— AG Todd Rokita (@AGToddRokita) January 9, 2025
More importantly, it brings this whole sorry tale to an end. There is no way Biden's Department of Education can get an appeal to the Supreme Court and have a ruling before January 20. The mission for Trump's Secretary of Education, before he locks the doors and turns out the lights at that department, is to eradicate all traces of this nonsense and fire everyone who worked on this travesty.
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