Federal judge issues temporary injunction stopping Biden's Title IX rules
By Steve Wilson
The Center Square
A federal judge issued an injunction on Thursday that put a temporary hold on new Title IX rules issued by the Biden administration.
U.S. District Court Judge Terry Doughty issued the order in a lawsuit brought by the states of Louisiana, Mississippi, Montana and Idaho. The injunction keeps the final rules from going into effect pending a review by the U.S. District Court of the Western District of Louisiana.
The new rules finalized by the Department of Education and which are supposed to go into effect Aug. 1 expand the definition of sex discrimination to include gender identity and pregnancy, but the agency didn't issue any rules relating to transgender athletes. Among the changes include a prohibition on single-sex bathroom and locker rooms and requirements that a school use pronouns based on a student's preferred gender identity.
Doughty said in the order that the new rule violated the free speech and free exercise clauses of the First Amendment along with the spending clause and "is arbitrary and capricious."
The judge also said in his ruling that for one of these injunctions to be issued, the plaintiffs must show a substantial chance of success on the merits of their case, a threat of irreparable harm that must outweigh any that would result if the injunction weren't issued and it must be in the public interest. Doughty said the plaintiffs did so successfully.
Doughty also said that the plaintiffs were able to prove that the harassment standard created by the rule is contrary to Title IX and he said they "made compelling arguments for how it can violate the free speech right of the First Amendment."
Louisiana Attorney General Liz Murrill, who brought the Title IX lawsuit, praised the ruling.
"This a victory for women and girls," Murrill said in a statement. "When Joe Biden forced his illegal and radical gender ideology on America, Louisiana said NO! Along with Idaho, Mississippi, and Montana, states are fighting back in defense of the law, the safety and prosperity of women and girls, and basic American values."
Title IX prohibits educational institutions that receive federal funds from discriminating on the basis of sex in both educational programs and activities.
Federal courts have already acted against the Biden administration’s rules.
On Tuesday, U.S. District Court Judge Reed O'Connor granted the state’s motion for summary judgement in a case over a mandate issued by two federal agencies before the administration amended Title IX to redefine biological sex to include "sexual orientation" and "gender identity."
He also denied the Biden administration’s request to dismiss and vacated the guidance nationwide and issued a permanent injunction against its enforcement in Texas.
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