A third judge had moved to block changes to a law made by the Biden administration that would provide more protections for LGBTQ students in the public school system.
Biden Blocked in Court
A federal judge in Kansas has moved to block a rule that would expand legal protections for LGBTQ students, effectively nixing the Biden administration’s LGBTQ initiatives in three states.
Rewriting Title IX
U.S. District Judge John Broomes ruled against the anti-discrimination laws, a rewrite of Title IX civil rights protections, on Tuesday this week. The US Department of Education is planning to implement the law changes in August.
Expanding Anti-Discrimination Laws
The new Title IX rules have undergone a lot of changes, but the most hotly contested would allow the definition of ‘sex’ to include gender identities, affording more legal protections to transgender and gender-nonconforming LGBT students.
Gender Identity Included
Under Title IX, the law will now forbid discrimination against people based on sexual orientation or gender identity. It will also undo certain sexual assault laws put in place during the Trump administration.
Critics Fear for Women and Girls
Treating transgender students differently from others could now be a violation of the law. Critics of the changes have argued that it could force schools to allow biologically male students to use female bathrooms and locker room facilities and to compete on girls’ sports teams.
The Judge Agrees
Broomes appeared to agree with these criticisms, writing in the court order: “It is not hard to imagine that, under the Final Rule, an industrious older teenage boy may simply claim to identify as a female to gain access to the girls’ showers, dressing rooms, or locker rooms so that he can observe his female peers disrobe and shower.”
1972 Sex Discrimination Law
He also pointed out that the changes went against the intended purpose of Title IX, which is a sex discrimination law passed in 1972 to protect women’s rights.
About Women, Not LGBTQ
“The legislative history shows that Congress was concerned about the unequal treatment between men and women for admissions opportunities, scholarships, and sports,” he wrote.
Possible Ramifications
Many critics believe that extending the law to protect transgender women would lead to more unequal treatment of biological females in education and sports.
Across Four States
The preliminary injunction by Broomes will also be applicable in Alaska, Utah, and Wyoming, as well as Kansas. The ruling was made as part of a lawsuit presented in Wichita last month, on behalf of several special interest groups located in these four states.
An “Unconscionable” Law
Kansas Attorney General Kris Kobach, who defended the case, described the incoming law changes as “unconscionable” and “dangerous for girls and women.”
“If Biden Had His Way”
“If President Biden had his way, a 16-year-old female high school student on an overnight field trip could be forced to share a hotel room with a male who identifies as a girl, or the district would risk losing federal funding,” he said.
Attorney Hits Back
“We’re pleased the court ruled to rein in the administration’s vast overreach. It’s unconscionable, it’s dangerous for girls and women, and it’s against federal law,” Kobach added.
Three Plaintiffs
The case represents three special interest groups: Female Athletes United, Young America’s Foundation, and Moms for Liberty. They will have to submit a list of schools that children of their members attend, to ensure that the schools outside of the 4 affected states do not enforce the new rules.
Likely Upheld in Court
While the injunction is only preliminary, Broome believes it will be upheld in court, on the grounds that the Department of Education does not have sufficient authority to enforce the changes.
Violation of 1st Amendment?
He also stated that the new version of Title IX was an unconstitutional violation of the 1st amendment.
The Third Judge
Broomes is the third federal judge to block the rewritten Title IX law, adding to a growing list of legislative losses for the Biden administration as the November elections loom.
Is It Worth Biden’s Time?
Now, it will be up to the president and his administration to decide whether it is worth the time and effort to continue pushing the rule changes in the face of so much legal and political pushback.
LGBTQ Groups Push Back
LGBTQ advocates have hit back at the court ruling. Kelley Robinson, who is president of the LGBTQ advocacy group Human Rights Campaign, has called the decision “morally wrong” and “indefensible.”
An “Indefensible” Injunction
“The discrimination LGBTQ+ people will continue to experience under this injunction is indefensible,” Robinson said. “This court has sided with the fringe groups and politicians who want to bully our community at every opportunity.”
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The post Kansas Judge Blocks Biden from Enforcing Legal Protections for LGBTQ Students first appeared on Pulse of Pride.
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