Appeals Courts Affirm Rulings Stopping the DOE’s Rewrite of Title IX

Two federal appeals courts have upheld previous rulings stopping the U.S. Department of Education’s (DOE) rewrite of Title IX, which permits men to access women’s bathrooms, locker rooms and sports.

Background

On April 19, the U.S. Department of Education (DOE) released its “Final Rule under Title IX,” amending the regulations implementing Title IX of the Education Amendments of 1972. Under the new rule, any education program or activity receiving federal financial assistance must prohibit “discrimination” on the basis of “gender identity.”

This radical change effectively abolishes the original purpose of Title IX: to provide equal opportunities for girls and women in education.

It essentially erases “woman” as a protective category by allowing any male to claim it as an “identity,” thereby permitting men to access women’s locker rooms, bathrooms and sports.

At least seven lawsuits have been filed against the rule.

Sixth Circuit

On July 17, the U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s injunction against the administration’s Title IX rewrite. Chief Judge Jeffrey Sutton authored the 2-1 decision, joined by Judge John Nalbandian. Judge Andre Mathis dissented.

Attorneys with Alliance Defending Freedom brought the case.

“The Biden administration’s radical redefinition of ‘sex’ will upend the equal opportunities that women and girls have enjoyed for 50 years under Title IX and will threaten their safety and privacy at every level,” ADF said in a statement following the decision.

The 6th Circuit was right to affirm halting the administration’s illegal efforts to rewrite Title IX while this critical lawsuit continues. Our female athlete client has already suffered the humiliation and indignity of being harassed by a male student in the locker room and on her sports team. No one else should have to go through that.

The ruling keeps the injunction fully in place while the case proceeds; it covers the states of Tennessee, Indiana, Ohio, West Virginia, Kentucky and Virginia.

Fifth Circuit

On July 18, the U.S. Court of Appeals for the Fifth Circuit also upheld a lower court’s injunction against the DOE’s rewrite of Title IX.

Judge Edith Jones authored the 2-1 decision, joined by Judge Kyle Duncan. Judge Dana Douglas dissented from the decision.

“The DOE has not shown a likelihood of success in challenging the breadth of the district court’s preliminary injunction,” Judge Jones wrote. “The DOE can hardly be said to be injured by putting off the enforcement of a Rule it took three years to promulgate after multiple delays.”

The Fifth Circuit’s ruling ensures the DOE’s changes to Title IX remain on ice in Louisiana, Mississippi, Montana and Idaho while the lawsuit plays out.

“The 5th Circuit now joins the 6th Circuit in holding back the Biden administration’s illegal efforts to rewrite Title IX while this critical lawsuit continues,” ADF said in a statement.

The administration continues to ignore biological reality, science, and common sense. The Rapides Parish School Board and schools and teachers across the country are right to stand against the administration’s adoption of extreme gender ideology, which would have devastating consequences for students, teachers, administrators, and families.

Court injunctions currently protect a total of 14 states from the DOE’s Final Rule, meaning the young women in each of those states are also protected from men entering their private spaces and sports.

Please pray that more states – and therefore more girls and women – will be protected from the DOE’s Final Rule.

Consider making your voice heard, letting your representative know you oppose the Department of Education’s “Final Rule under Title IX,” and encouraging them to hold the DOE accountable.

The first case is State of Tennessee v. Cardona. The second case is Rapides Parish School Board v. United States Department of Education.

Focus on the Family exists to help families, and that includes help navigating the issues of homosexuality and transgenderism. Focus offers a free, one-time counseling consultation with a licensed or pastoral counselor. To request a counseling consultation, call 1-855-771-HELP (4357) or fill out our Counseling Consultation Request Form.

Related articles and resources:

Third Court Halts DOE’s Title IX Rewrite, Girls’ Sports & Spaces Preserved

Second Federal Court Halts DOE’s Title IX Rewrite – Protecting Girls’ Sports & Spaces

Court Rules Against DOE’s Title IX Rewrite, Saving Women’s Sports & Spaces – For Now

Huge Title IX Win: Department of Education’s 2021 Interpretation Ruled ‘Unlawful’

Gov. Sanders’ Powerful Speech Defending Girls’ Sports: ‘We Will Not Comply’

Title IX Redefinition of ‘Sex’ Faces Defiance and a Flood of Lawsuits

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