“It is certainly highly likely that the Department’s new regulation defining discrimination ‘on the basis of sex’ to include ‘gender identity’ is contrary to law and ‘in excess of statutory authority.’”
On Thursday, the 11th Circuit Court of Appeals granted a motion that blocked the Biden-Harris administration’s rewrite of Title IX from taking effect in four states pending appeal. These states are South Carolina, Florida, Georgia, and Alabama. The Biden-Harris administration has conflated gender identity with biological sex in their interpretation of Title IX of the Civil Rights Act, based on the Supreme Court's Bostock.
The court wrote in its order, "Ultimately, the Department’s regulation contravenes the Supreme Court’s construction of Title IX 'discrimination' set out in Davis and runs headlong into the First Amendment concerns animating decisions like Davis and Cartwright. Accordingly, it is highly likely that the Department’s regulation is contrary to law and 'in excess of statutory ... authority.’"
The court ruled in favor of the states 2-1. The order added, "It is certainly highly likely that the Department’s new regulation defining discrimination ‘on the basis of sex’ to include ‘gender identity’ is contrary to law and ‘in excess of statutory authority.’"
The lawsuit was brought against the Department of Education’s new Title IX rules by the four states, the Independent Women’s Law Center, Parents Defending Education, and Speech First.
Nicole Neily, President of Parents Defending Education, said in a statement, "We are deeply grateful that the 11th Circuit issued an injunction in our Title IX case, and we look forward to engaging with the district court on the merits in the months ahead. The Biden-Harris rewrite of this 52-year-old law flagrantly disregards both constitutional rights and the Administrative Procedure Act, a point on which multiple appellate courts now concur. It’s an honor to stand alongside Alabama, Florida, Georgia, and South Carolina in the battle to defend the privacy and safety of America’s women and girls, although tragic that such litigation had to be filed in the first place."
Caroline Moore, Vice President of Parents Defending Education, added, “We are thrilled that the court agreed to temporarily stop the Biden administration’s changes to Title IX. This administration has consistently challenged female biology and cannot conclusively state what differentiates female and male biology. Today is a good day for students and school districts in Alabama, Florida, Georgia, and South Carolina. Parents and students alike can sleep well knowing their kids won’t be subjected to threats of lawlessness, harm, and injury in their academic institutions.”
This comes after the Supreme Court in a 5-4 decision that blocked the Biden-Harris administration's efforts to demand that their changes to Title IX go into effect. The changes to Title IX, which were set to go into effect on August 1, would force schools that receive federal funding to allow biological males to access girls' bathrooms, locker rooms, and other facilities.
Libby’s Desk
Commentary and must-reads from Libby’s desk, straight to your inbox.
TPM Newsletter
The Post Millennial’s top stories, delivered to your inbox.
