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Moms for Liberty lawsuit challenges new Title IX protections in Racine Unified Schools

RACINE, WI—A Moms for Liberty lawsuit filed in a federal courtroom in Kansas against the recent changes to Title IX regulations could affect Racine Unified students at three schools.

The Biden administration put together the new Title IX rules to broaden protections against discrimination based on gender identity, sexual orientation, and pregnancy status so that all students are free from discrimination in educational settings.

The new rules prohibit schools from denying students access to programs, activities, or facilities based on their gender identity or pregnancy status and require schools to address any instances of related harassment or discrimination.

Stacy Tapp, chief of communication and community engagement for RUSD, said in a written statement that the district would comply with the law even though the outcome of the lawsuit and the injunction is far from resolved.

“RUSD is committed to complying with the law and we are actively monitoring this case as it develops,” she said.

Title IX injunction temporarily blocks rules

A Kansas federal judge issued a preliminary injunction that temporarily blocks the enforcement of the new Title IX rules in schools where Moms for Liberty members are present.

The injunction exempts these schools from implementing the expanded protections for LGBTQ+ students.

The judge’s ruling was based on concerns that the new rules could infringe on the rights of parents and students who oppose the inclusion of gender identity and sexual orientation within the scope of sex-based discrimination protections.

Specifically, the judge argued that the Department of Education lacked the authority to expand Title IX to cover gender identity, claiming that the reinterpretation was too vague and could infringe on the rights of cisgender students.

Moms for Liberty (MFL) is identified as a hate group by the Southern Poverty Law Center (SPLC), including local chapters like the one in Racine.

While the Moms describe themselves as a parent-advocate group, SPLC defines them as “a far-right organization that … grew out of opposition to public health regulations for COVID-19, opposes LGBTQ+ and racially inclusive school curriculum, and has advocated books bans.”

Lawsuit includes three RUSD schools

The lawsuit includes three Racine schools – Olympia Brown Elementary, Starbuck International Baccalaureate, and J.I. Case International Baccalaureate High School.

The schools were identified in the Moms for Liberty lawsuit because the children of group members attend them. According to the court’s preliminary injunction, these schools are exempt from implementing the new Title IX regulations.

Moms for Liberty tracks member schools through a list that is periodically updated and submitted to the court, although the list is not comprehensive and continues to grow.

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