A federal judge has just denied Moms for Liberty’s request to block federal protections for LGBTQ students in over 800 counties after the conservative group attempted to expand an injunction that blocked a new Title IX rule protecting LGBTQ students.
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.
Changes to Title IX
The Biden administration’s changes to Title IX were intended to expand protections against sex discrimination to include transgender students to ensure transgender students are protected from discrimination in educational settings.
Blocked in Four States
However, 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.
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’s 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.”
Extending the Reach
Since the lawsuit was brought to his court, Judge Broomes attempted 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.
Making a List
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.
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.”
National Agendas
Another member running for school board in Nevada stated, “Schools are being oversaturated by national agendas… They’re having CNN in the classroom. They’re pushing national topics such as the transgender topics, sexualized content.”
Federal Judge’s Decision
However, Broomes has just denied Moms for Liberty’s request to block LGBTQ protections because he does not have the jurisdiction to block the rule in every county where members live.
Title IX Rule Expansion
The new Title IX rule, finalized in April, was meant to include protections for transgender students under sex discrimination laws but has faced significant opposition and legal challenges from GOP-led states.
Impact of Legal Challenges
Legal challenges to the Title IX rule have led to its enforcement being temporarily blocked in at least 15 states, reflecting the broader political battle over transgender rights in education.
Scope of the Injunction
Judge Broomes’ injunction currently only applies to schools attended by children of Moms for Liberty, Young America’s Foundation, and Female Athletes United members, which is a much smaller range when compared to the group’s broader request.
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