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On April 19 of this year, the Biden Department of Education issued its final Title IX rule that expanded the meaning of sex to include “gender identity.” While the new regulation promised to bring new protections to LGBTQ students, in fact it infringed on parental rights, eviscerated fairness from female athletics, violated Congressional prerogatives, and sidelined constitutional due process guarantees.
Literally within days, state Attorneys General and others began to file lawsuits seeking to overturn the policy. To date, 10 lawsuits have been filed, including a complaint filed just last week by the Washington Parents Network. Thus far, judges have issued rulings on five cases. Remarkably, every one of the decisions imposed a temporary injunction for their respective states on the “arbitrary and capricious” Title IX rule:
For two of these decisions, the Department of Education filed an appeal. In both cases, the appellate courts promptly denied the request:
Seldom in American jurisprudence have a series of federal courts acted so swiftly and so decisively to overturn a new Executive Branch regulation.
With the August 1, 2024, deadline fast approaching before the Biden administration’s new Title IX Final Rule takes effect, additional court decisions are expected to be issued soon.
As these lawsuits continue to be litigated, the 232 organizational members of the Title IX Network will continue to monitor the situation and take appropriate action. Interested organizations that wish to join the Title IX Network should contact Robert D. Thompson at [email protected]
