June 18, 2024

Biden Title IX Rule Blocked in 6 States

Joe Biden has faced significant challenges in installing his Title IX rule updates.

The latest defeat is a case brought by Kentucky’s Attorney General.

The ruling will block the Title IX changes from going into effect in six states.

Sorry, Joe

Title IX is legislation to stop sexual discrimination in schools that receive federal funding.

Democrats have been trying to loophole this into special protections for transgenders, most notably their participation in women’s sports.

Biden released the new rules in April, and Republicans have been fighting them ever since.

The new rule reads, “The final rule protects all students and employees from all sex discrimination prohibited under Title IX, including by restoring and strengthening full protection from sexual violence and other sex-based harassment.

“The rule clarifies the steps a school must take to protect students, employees, and applicants from discrimination based on pregnancy or related conditions.

“And the rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”

Kentucky Attorney General Russell Coleman filed a suit to block the law, and his suit was quickly joined by Tennessee, Indiana, Ohio, Virginia, and West Virginia.

A Bush-appointed judge, Danny Reeves, ruled in favor of Kentucky,  stating, “The new rule contravenes the plain text of Title IX by redefining ‘sex’ to include gender identity, violates government employees’ First Amendment rights, and is the result of arbitrary and capricious rulemaking…

“It would have been hard to find any who thought that discrimination because of sex meant discrimination because of sexual orientation — not to mention gender identity, a concept that was essentially unknown at the time.”

The Department of Education has stated that it will continue to fight back, announcing that it is reviewing the decision and will move forward, but time is running out for Biden on this front.

If they cannot formalize these rules in the next five months, it is game over. The new administration can update Title IX as it sees fit, but it will also likely be challenged in court.

If Trump wins the election, I would hope his team would already have an updated version of Title IX to implement and defend in court.

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