Voz media US Voz.us

A federal judge temporarily blocks Biden's Title IX amendment in 6 states

The judge found that the Dept of Ed acted “arbitrarily and capriciously” by including protection based on students' gender identity.

Biden pidió apoyo a Egipto y Qatar para persuadir a Hamás de aceptar un acuerdo de rehenes con Israel

(Bonnie Cash/Pool/Sipa USA / Cordon Press)

Published by

In six states a federal judge temporarily blocked the Biden Administration's amendment to Title IX to expand federal non-discrimination protections for LGBTQ+ students.

U.S. District Judge Danny C. Reeves issued the injunction to block Biden's new rule in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.

The judge argued that the Department of Education (DOE) exceeded its legal authority and acted in an “arbitrary and capricious” way in making the amendment, which seeks to prohibit discrimination and harassment based on “sexual orientation, gender identity, and sex characteristics” in all federally funded educational programs.

Reeves noted that the rule introduces a new definition of sexual harassment, which could force educators to use pronouns that correspond with a student's so-called "gender identity" rather than their biological sex, regardless of whether this violates the moral or religious beliefs of the educator.

“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 (…) A rule that compels speech and engages in such viewpoint discrimination is impermissible", the judge expressed.

This decision comes a few days after another judge issued a similar ruling for Idaho, Louisiana, Mississippi and Montana.

Department of Education (DOE) “reviews ruling”

Following Judge Reeves' ruling, a DOE spokesperson stated that they are reviewing the decision. However, he reiterated that the changes to Title IX ensure that “no person experiences sexual discrimination in a federally funded educational setting,” and affirmed that they will continue to fight for compliance.

The Title IX amendment is expected to go into effect on August 1 of this year although it continues to face legal challenges as this date approaches.

The new rule was blocked in Texas

Recently, Texas Attorney General Ken Paxton announced that a court issued a permanent injunction preventing its application in Texan schools. This means that no school district in Texas will have to comply with Biden's proposed change to Title IX.

"Joe Biden's illegal effort to weaponize Title IX for his extremist agenda has been halted. Threatening to withhold education funding by forcing states to accept "transgender" policies that put women in danger was clearly illegal,” said Paxton as he celebrated the ruling.