A Kansas judge has blocked the Biden administration’s expanded Title IX protections for LGBTQ+ students in four states, increasing tension in a legal battle over the scope of anti-discrimination rules in education.
Context of the Ruling
A federal judge in Kansas has just 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.
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.
Contrasting Rulings
However, Judge Broomes’ interpretation contrasts with the precedent set by the Supreme Court in Bostock v. Clayton County, which has already applied Title VII protections to LGBTQ+ individuals.
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.
Impact on Other States
This decision follows similar rulings in other states, such as Kentucky, Louisiana, and Texas, where judges have also blocked the enforcement of these Title IX changes.
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.
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.”
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.”
Broader Legal Context
The legal challenges against the Title IX changes are part of a broader national debate on whether or not the government should include gender identity in anti-discrimination laws, with multiple lawsuits across different states.
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.
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’ goals of protecting biological women in education.”
Future Implications
The injunction will remain as the lawsuit proceeds, and experts expect the plaintiffs to ultimately win, potentially leading to significant changes in the application of Title IX.
Coordinated Efforts
Previous rulings by judges in Kentucky and Louisiana also blocked the Title IX changes, which suggest a coordinated legal effort against the Biden administration’s interpretation of the law.
Accepting Students
Broomes wrote, “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..”
Lockerroom Talk
Broomes continued by explaining, “it (the decision) determines whether biological males who identify as females are allowed in female bathrooms and locker rooms.”
Court Cases
Unfortunately, this case seems to be part of a broader trend of conservative legal challenges to school policies that protect LGBTQ+ students from harassment and respect their identities.
Free Speech Cases
In the majority of these lawsuits targeting protections for LGBTQ+ students, they focus on free speech and claims of religious freedom.
Increasing Legislative Efforts
Nationwide, there has also been an increase in legislative efforts to limit the rights of LGBTQ+ people, including access to gender-affirming care and participation in sports.
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Featured Image Credit: Shutterstock / Evan El-Amin.
