A Kansas judge has blocked the Biden administration’s expanded Title IX protections for LGBTQ+ students in four states and is now expanding the decisions to hundreds of schools and colleges across the U.S.
Context of the Ruling
Earlier this month, a federal judge in Kansas blocked the Biden administration’s Title IX rule that attempted to expand protections for LGBTQ+ students across the United States.
Blocked in Four States
Federal Judge John Broomes’ injunction will affect Kansas, Alaska, Utah, Wyoming, and several other locations involved in the lawsuit against the sitting President’s administration.
Extending the Reach
Now, Broomes has taken steps to apply his order to hundreds of schools and colleges across the U.S., extending its reach far beyond the original four states.
Legal Reasoning
Judge John Broomes stated that Title IX’s definition of “sex” does not extend to gender identity and sexual orientation, meaning Biden’s expansion of Title IX is unconstitutional.
Forcing Schools
“The Final Rule clearly decides major questions involving whether to force schools, students, and teachers to accept an individual’s subjective gender identity regardless of biological sex,” Judge Broomes wrote in his ruling.
Plaintiffs and Their Arguments
The lawsuit was brought by several states and conservative groups, including Moms for Liberty and Young America’s Foundation, who argued that the rule changes violate free speech and impose on parental rights.
Making a List
Since making his ruling, Broomes directed the groups challenging the rule in the Kansas case — Moms for Liberty, Young America’s Foundation, and Female Athletes United — to provide a list of schools and colleges where they wanted the enforcement to be blocked.
Submitting the List
On Monday, the groups submitted a list of more than 400 K-12 schools and nearly 700 colleges in at least 47 states and the District of Columbia, most of which are in states that are not covered by any judge’s ruling.
More Than 800 Counties
In an attempt to expand the order from Broomes, Moms for Liberty included a list of more than 800 counties where members live, from every state except Vermont and the District of Columbia.
Approving the Request
If Broomes approves the group’s request, the rule would be blocked in Atlanta, Chicago, Denver, Detroit, Las Vegas, Los Angeles, Miami, Philadelphia, San Francisco, and New York City, except for the Bronx.
Parental Rights
Tiffany Justice and Tina Descovich, co-founders of Moms for Liberty, said in a press release, “Gender ideology does not belong in public schools and we are glad the courts made the correct call to support parental rights.”
An Almost Impossible Task
Justice also mentioned in a court filing that the group doesn’t ask members to list their children’s schools to protect their privacy and that compiling a list of schools for its 130,000 members was “an impossible task.”
Department of Education’s Stance
However, the Department of Education defended the rule changes on the basis they were designed to ensure non-discrimination in federally funded educational environments.
Prohibiting Sex-Based Discrimination
An Education Department spokesperson said, “We are reviewing this recent ruling that impacted an additional four states. Title IX prohibits sex discrimination in a federally-funded educational environment.”
First Amendment Concerns
In his decision, Judge Broomes argued that the new Title IX rules could violate the First Amendment by forcing acceptance of gender identity and inadvertently restricting free speech.
Violating Rights
Broomes also concluded that the rule violated the free speech rights and religious freedom of parents and students who reject transgender students’ gender identities.
Subverting Congress’ Goals
Broomes stated in his ruling, “The [Department of Education]’s reinterpretation of Title IX to place gender identity on equal footing with (or in some instances arguably stronger footing than) biological sex would subvert Congress’s goals of protecting biological women in education.”
Worrying for Moms for Liberty
The Biden administration attorneys also worry that Moms for Liberty can expand the scope of Broomes’ order by recruiting new members online.
Joining Before Monday
The Biden Administration asked Broomes not to apply his order to a school if a student’s parent joined after Monday. The Mom’s for Liberty website even said that joining by Monday ensured that “your child’s school is included” in Broomes’ order.
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