ANALYSIS – Joe Biden and his merry band of loony leftists have been on a tear since 2021. While the list of neo-Marxist policies enacted by Team Biden is long and horrendous, their attempt to change Title IX in the federal civil code is one of the most outrageous.
Title IX is a long-standing civil rights law prohibiting sex-based discrimination in schools and other education centers that receive federal funding. The law was passed primarily to protect women.
Team Biden is trying to upend that law to include gender identity and gender orientation, as opposed to biological sex, making the distinction between boys and girls disappear.
Conservatives correctly argue that this radical move would thoroughly undermine, if not totally gut, hard-won protections for women and girls enshrined in Title IX. For example, the change will allow locker rooms and bathrooms to be based on gender identity, endangering girls.
It also allows men to play in women's sports, also hurting females.
The rule, to be enforced by the Education Department, is set to take effect Aug. 1.
However, as Politico reported:
Several states, including Louisiana, Montana, Florida, South Carolina and Oklahoma, had already said they will not comply with the new rule. And more than two dozen states are challenging the policy in federal court.
And a suite of four states – Louisiana, Mississippi, Montana and Idaho filed one of at least seven lawsuits being pursued by Republican attorneys general.
Thankfully, a federal judge appointed by former President Donald Trump has ruled in their favor, saying that Biden's egregious attempt to rewrite the statute is unconstitutional. More specifically, he wrote, the case “demonstrates the abuse of power by executive federal agencies in the rulemaking process.”
And, as Fox News noted:
A federal judge has blocked President Biden's expansion of Title IX in four states, calling the mandatory gender identity protections an “abuse of power.”
U.S. District Judge Terry Doughty granted a preliminary injunction on Thursday and referred to the Biden administration's unilateral Title IX changes as a “threat to democracy.”
“This case demonstrates the abuse of power by executive federal agencies in the rulemaking process,” Doughty said in his ruling. “The separation of powers and system of checks and balances exist in this country for a reason.”
Doughty ruled that the changes were inadmissible because the term “gender discrimination” as used in the establishment of Title IX “only included discrimination against biological males and females at the time of enactment.”
More precisely, he stated it “was written and intended to protect biological women from discrimination.” He added: “Enacting the changes in the Final Rule would subvert the original purpose of Title IX.”
Politico added:
The Louisiana-based lawsuit, which was one of the first in the nation filed to challenge the rule, was backed by the Defense of Freedom Institute. The group was founded by former Trump administration officials who were key in crafting the DeVos-era Title IX rule on sexual misconduct, which was overhauled in the Biden administration's new regulation.
“When President Biden's Department of Education issued its Title IX regulations last April, we at DFI pledged that we would fight back,” said Bob Eitel, DFI co-founder and former senior counselor to former Education Secretary Betsy DeVos. “The court has preliminarily enjoined the Education Department from enforcing these odious rules in the States of Louisiana, Mississippi, Montana, and Idaho. We are confident that other courts and states will soon follow.”
Judge Doughty's ruling blocks implementation of the changes in Louisiana, Mississippi, Montana and Idaho.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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