Third Court Halts DOE’s Title IX Rewrite, Girls’ Sports & Spaces Preserved
On April 19, the U.S. Department of Education (DOE) released its “Final Rule under Title IX,” amending the regulations implementing Title IX of the Education Amendments of 1972. Under the new rule, any education program or activity receiving federal financial assistance must prohibit “discrimination” on the basis of “gender identity.”
The DOE claims the rule “prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.”
But it does no such thing.
This radical change effectively abolishes the original purpose of Title IX: to provide equal opportunities for girls and women in education.
It essentially erases “woman” as a protective category by allowing any male to claim it as an “identity,” thereby permitting men to access women’s locker rooms, bathrooms and sports.
As a result of the new rule, various lawsuits (at least seven) have been filed against the DOE’s rule.
One such lawsuit was filed by Alliance Defending Freedom (ADF), representing parents, students, and female athletes; the attorneys general from Alaska, Utah, and Wyoming; and Southeastern Legal Foundation on behalf of Moms for Liberty and Young America’s Foundation.
ADF filed the suit in the U.S. District Court for the District of Kansas.
On July 2, U.S. District Judge John Broomes enjoined the DOE from enforcing its rule while the lawsuit plays out. The order applies to the states of Kansas, Alaska, Utah and Wyoming; the schools attended by members of Young America’s Foundation or Female Athletes United; as well as schools attended by the children of members of Moms for Liberty.
Judge Broomes’ ruling is the third such ruling prohibiting the Final Rule from going into effect; there are now 14 states protected from the Final Rule.
“The Biden administration’s radical redefinition of sex won’t just rewire our educational system,” said ADF Legal Counsel Rachel Rouleau: