Tue. Jul 23rd, 2024

Judge blocks Biden’s Title IX rule in four states, dealing a blow to protections for LGBTQ+ students

By 37ci3 Jun14,2024

WASHINGTON – The Biden administration the new Title IX rule expanding protections for LGBTQ+ students Louisiana has been temporarily blocked in four states after a federal judge found the Department of Education overstepped its authority.

In a preliminary ruling issued Thursday, U.S. District Judge Terry A. Doughty called the new rule an “abuse of power” and a “threat to democracy.” His order blocks the rule in Louisiana protested In April, Mississippi, Montana, and Idaho joined the lawsuit.

The Department of Education defended the rule and said it was reviewing the judge’s decision.

“The department is committed to the final Title IX regulations issued in April 2024, and we will continue to fight for every student,” the agency said in a statement.

The Louisiana case is one of them at least seven It is supported by more than 20 states led by Republicans who are fighting against Biden’s rule. The rule will come into force in August Title IX expands civil rights protections Expands the definition of sexual harassment in schools and colleges to LGBTQ+ students and adds safety measures for victims.

Doughty, appointed by former President Donald Trump, is the first judge to block the rule. It deals a major blow to the new protections, which have been praised by civil rights advocates but have drawn backlash from opponents who say they undermine the spirit of the 1972 Title IX law that banned sex discrimination in education.

Louisiana is among the few states with Republican laws requiring people to use the bathroom and gender-assigned locker rooms at birth restrict transgender students from accessing opportunities consistent with their gender identity. President Joe Biden’s administration contradicted those laws and claimed to supersede them.

The Louisiana lawsuit claimed the new rule would force schools in the four states to pay millions of dollars to upgrade their facilities. In his decision, the judge called it an “invasion of state sovereignty” and concluded that the states could succeed on the merits of the case.

His order says the rule violates free speech laws by requiring schools to use pronouns requested by students. It also questions whether the Biden administration has the legal authority to extend Title IX to LGBTQ+ students.

“The Court finds that the term “sex discrimination” included only discrimination against biological males and females at the time of the statute’s enactment,” Doughty wrote in his order.

The judge expressed concern that the rule could require schools to allow transgender women and girls to compete on women’s sports teams. Several Republican states have laws banning transgender girls from competing on girls’ teams.

The Biden administration proposed a different rule prohibit such prohibitions, but said the new final rule does not apply to athletics. Still, Doughty said it could apply to sports.

“The Final Rule applies to sex discrimination in any educational ‘program’ or ‘activity’ that receives Federal financial assistance,” he wrote. “The terms ‘program’ or ‘activity’ are not defined, but may include sports teams for host schools.”

At least the judges six other cases They are wondering whether a similar capacity will be imposed on Biden’s government. The Institute for Defending Freedom, a right-wing nonprofit that supports the Louisiana lawsuit, applauded Doughty’s order.

“We’re confident that other courts and states will soon follow suit,” said Bob Eitel, president of the nonprofit and a Trump administration education official.

Biden issued the new rule after Trump rescinded another rule created by Education Secretary Betsy DeVos. The rule narrowed the definition of sexual harassment and added protections for students accused of sexual misconduct.

On social media platform X on Thursday, DeVos called the Louisiana decision a victory, saying Biden’s “radically anti-woman rewrite of Title IX is not just crazy, it’s illegal.”

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By 37ci3

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