Judge Halts Biden’s Transgender Title IX Policies in Four States

In a major blow to the Biden administration’s new Title IX guidelines forcing public schools to allow trans-identifying males in girls’ bathrooms and sports, a federal judge on Thursday blocked the rules in four states.

U.S. District Judge Terry Doughty, a Trump appointee, issued a preliminary injunction against the rules, calling them an “abuse of power” by federal agencies and a “threat to democracy.”

The injunction blocks the rules in Louisiana, Mississippi, Montana, and Idaho. Louisiana sued the administration in April, and the other three states joined the suit.

“Title IX was written and intended to protect biological women from discrimination,” Doughty wrote. “Such purpose makes it difficult to sincerely argue that, at the time of enactment, ‘discrimination on the basis of sex’ included gender identity, sex stereotypes, sexual orientation, or sex characteristics. Enacting the changes in the Final Rule would subvert the original purpose of Title IX: protecting biological females from discrimination.”

Since the rules were announced, more than 20 states have joined lawsuits against the administration over its new Title IX rules, which appear to conflict with laws in several states restricting trans-identifying male students from playing on girls’ teams or using girls’ facilities.

In April, the Education Department unveiled the new Title IX regulations, which prohibit schools from enforcing blanket bans on trans-identifying males in girls’ sports. The rules are set to take effect in August.

Title IX is the 1972 federal civil rights law prohibiting sex-based discrimination at schools receiving federal funding.

The Biden administration’s new regulations will apply to all public K-12 schools, colleges, and universities that receive federal funding, excluding the four states where the rules have been blocked.

The new rules state that schools that receive federal funding may not ban biological males in girls’ sports wholesale, but they may exclude them on a case-by-case basis.

“Sex-related criteria” at schools that would limit or ban a trans-identifying student from playing on the team of their preferred gender must meet two standards. First, the criteria must be related to an “important educational objective,” and second, the criteria must also “minimize harms” to the trans-identified student.

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Preventing sports-related injuries would be an example of an “important educational objective,” the department noted.

High school girls have been injured playing with trans-identifying males. Last year in North Carolina, a female high school volleyball player suffered severe trauma to her head and neck after a trans-identifying male player spiked a volleyball that hit her head.

Another example of an “important educational objective” would be “fairness in competition.”

Female athletes at high schools and colleges in several states have spoken out against competing against biological males.

After Thursday’s ruling, the Education Department said it is reviewing the judge’s order.

“The Department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student,” the department said.

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