Judge blocks Biden administration's Title IX enforcement in four more states

U.S. District Judge John Broomes blocked the Biden administration's implementation of Title IX in Alaska, Kansas, Utah and Wyoming, making it 14 states in which the measure has now been officially blocked.

This decision is the third against the rule in a matter of a month. However, it is broader than the others, as it covers the most states. Other courts issued measures prohibiting enforcement of the rule in Louisiana, Mississippi, Idaho, Montana, Tennessee, Kentucky, Ohio, Ohio, Indiana, Virginia and West Virginia.

The Biden administration's regulation  adds gender identity to the sex discrimination law enforced by the Department of Education.

The definition of sexual harassment is ‘impermissibly vague’

Broomes ruled that the plaintiff states are correct in their assertion that the Biden administration exceeded its statutory authority by "broadening the definition of sex discrimination" in the Department of Education's final rule (Title IX).

The plaintiff states argued that the definition of "sexual harassment" in the current regulation does not support speech by students who "want to articulate that sex is immutable and binary" and "refer to individuals with biologically accurate pronouns."

Broomes determined that the definition of sexual harassment within the rule is "impermissibly vague" under the Administrative Procedure Act.

The Kansas Attorney General's Office is representing the four plaintiff states and posted a tweet breaking the news:

"All Kansas school districts are now on notice that they must abide by the court’s injunction and that they are prohibited from changing any of the schools' policies to reflect Biden's Title IX transgender rule."