We won! Title IX is back to the old Rules.
The year 2025 started with huge wins for Parents Rights and for our children.
On January 9, Danny C. Reeves, Chief Judge, United Sates District Court, Eastern District of Kentucky issued a Summary Judgment in the lawsuit State of Tennessee et al V. Miguel Cardona, in his Official Capacity as Secretary of Education. Quoting his order, “Thus, the undersigned concludes that the entire Final Rule and corresponding regulations are invalid and must be set aside.”
On January 9th, Judge Reeves vacated the Biden Administration’s Department of Education’s “Final Rule” that went into effect on August 1, 2024.
There is no longer any need to add your child's school to Mom's for Liberty's lawsuit's injunction. Judge Reeves "vacated" the rule, meaning that U.S.A. laws and policies go back to what they were before the Biden Administration implemented the outrageous changes. Legally, it as if the "Final Rule" never existed. Quite a victory!
Unfortunately, some Illinois statutes and rules that closely mirror the offending issues in the “Final Rule” and are still in effect. Even some individual school boards have implemented policies mirroring the "Final Rule." The good news is that a Federal Title IX Discrimination Complaint is available if your child is subject to certain "Final Rule" like behavior by school officials.
Blank Discrimination Complaint Form (.pdf download)
1st Amendment Violation
Without getting deeply into the legal "fine print," Judge Reeves's judgement identifies 1st Amendment violations in the "Final Rule." Over simplified, any requirements for students to speak using another person's "gender identity" are requirements that violate the 1st Amendment. Government cannot compel the use of "gender identity" speech nor can government chill speech with policies that make students afraid to speak for fear of retribution.
20250109 - Memorandum Opinion and Order - Tennessee et al
Schools cannot discipline, called out, or humiliate your child for using a second student’s birth name or using pronouns associated with the second student’s biological sex. Requiring transgender pronouns is called compelled speech. A human by-product of compelled speech is that other students will "chill" speech, meaning they won't say anything for fear of being wrong.
History tells us that eventually, the State of Illinois, the Illinois Board Education, and every school board will have to change statutes and policies to get rid of the unconstitutional rules.
In the mean time, parents, or someone with specific information, can file a federal discrimination complaint. Title IX Discrimination Complaint for Misgendering (.pdf download) is a prototype of a complaint that can be filed should an employee of a child's school district discipline a child for misgendering.
Return to Title IX Private Spaces
The original 1972 Title IX legislation established the ground rules for ensuring equal opportunities for females in education. The most widely reported aspect was female athletics, establishing the culture of separate facilities, including private spaces such as locker rooms and rest rooms.
Title IX - Judge Broomes - Order - 2024-07-20
Judge Broomes stated in the Moms for Liberty injunction that "This court held that Plaintiffs will likely prevail on their claim that the Final Rule is contrary to Title IX and will preempt state law as it requires recipients to allow students access to private spaces, such as bathrooms and locker rooms, based on their gender identity."
In simple English, the original 1972 Title IX provided for female-only private spaces and that law is back (still) in effect. Any teacher, coach, or assistant that permits males in female spaces is violating Title IX.
Parents, or anyone with specific information, can file a federal complaint if a boy enters a child's private space. Title IX Discrimination Complaint for Male in Private Space (.pdf download) is a prototype of a complaint that can be filed should an employee of a girl's school permit a male in her locker room or restroom.
Title IX Discrimination Complaints are Serious Acts
We caution parents, or people with specific information, who choose to file these federal complaints to avoid exaggeration and hyperbole, since a Title IX Discrimination Complaint involves an extensive investigation. These templates are not legal advice.
The complaints can be filed at:
Chicago Office
Office for Civil Rights
U.S. Department of Education
John C. Kluczynski Federal Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
Telephone: 312-730-1560
FAX: 312-730-1576; TDD: 800-877-8339
Email: [email protected]
or at:
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: [email protected]
President Trump's Executive Actions
On Inauguration Day, President Donald J Trump signed 43 separate Executive Orders. It is significant that one of those 1st day actions was to address the harm to women by the transgender movement.
The order included "It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality." It follows up with "The Attorney General shall issue guidance to ensure the freedom to express the binary nature of sex and the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964."
And 8 days later on January 28, President Trump addressed gender affirming care.
Protecting Children from Chemical and Surgical Mutilation
"Across the country today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child’s sex through a series of irreversible medical interventions. This dangerous trend will be a stain on our Nation’s history, and it must end."
The elimination of these procedures, in effect, ends the opportunity for males to invade female activities and facilities by ending any pretense that there is something referred to a transgender female.
And on January 29, President Trump addressed public school indoctrination of children "young men and women are made to question wheteher they were born in the wrong body."
Ending Radical Indoctrination in K-12 Schooling
This Executive Order bans a multitude of offensive teaching methods and topics that invade the entire school day for our children. Related to this page's topic, it bans teaching kids that they might have been born in the wrong body.
Amazing Progress, but We're Not Done Yet
Courts and our new President are driving culture change. Regarding Title IX, we sense there is no turning back to the radical "Final Rule."
Yes, the Biden Administration's Department of Education's "Final Rule" is on the ashheap of history. However, state and local educators are likely to be hesitant to eliminate the statutes and policies that were the reason that the "Final Rule" was thrown out.
The first remedy is to calmly and rationally request that your child's school get their policies in line with both judges' rulings. Even if your child experiences one of the violations described above as Discrimination Complaints, a joyful warrior seeks to have the school make the appropriate changes without the need for a Federal Complaint. However, the last recourse is to subject your school district to an investigation by the US Department of Education's Civil Right's division.
Keep up the good work!