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Federal judge strikes down Bidens protections for transgender students
A Kentucky federal judge has struck down President Joe Bidens Title IX guidelines prohibiting discrimination against transgender students. On Thursday, U.S. District Judge Danny C. Reeves (an appointee of anti-LGBTQ+ former President George W. Bush) ruled that Bidens Department of Education (DOE) overstepped its authority and bypassed the necessary legislative process to extend a Supreme Court decision on LGBTQ+ workplace discrimination to schools. The educational guidelines have already been blocked in 26 states. Related Biden administration halts attempt to protect trans student-athletes Trans advocates argued the proposed rule was vague and did not go far enough to protect vulnerable students. In June 2022, Bidens Education Secretary Miguel Cardona announced that Title IX, the 1972 education law that prohibits discrimination in federally funded schools on the basis of sex, should rely on the Supreme Courts 2020 decision inBostock v. Clayton County. That court decision found that Title VIIs ban on sex-based workplace discrimination includes discrimination against sexual orientation and gender identity. Stay connected to your community Connect with the issues and events that impact your community at home and beyond by subscribing to our newsletter. Subscribe to our Newsletter today But while Bidens new Title IX rules were set to go into effect on August 1, 2022, Republican attorneys general sued to stop the rule changes. Reeve issued his decision in response to lawsuits filed by attorneys general Tennessee, Kentucky, Indiana, Ohio, Virginia and West Virginia.At issue in the lawsuit were three provisions expanding Title IXs definitions of sex discrimination and harassment as well as a provision allowing trans students to use school facilities matching their gender identity.The three challenged provisions fatally taint the entire rule,Reeves wrote of the Biden Administrations interpretation of Title IX. Put simply, there is nothing in the text or statutory design of Title IX to suggest that discrimination on the basis of sex means anything other than it has since Title IXs inception that recipients of federal funds under Title IX may not treat a person worse than another similarly-situated individual on the basis of the persons sex, i.e., male or female. The entire point of Title IX is to prevent discrimination based on sex, he wrote. Throwing gender identity into the mix eviscerates the statute and renders it largely meaningless. [The DOE] readsBostockfar too broadly by importing its holding into the context of Title IX. The Court inBostockexpressly limited its holding to Title VII and, even in that restricted context [did] not purport to address bathrooms, locker rooms, or anything else of the kind.Reeves called the DOEs interpretation vague and overbroad and also took issue with a rule provision classifying the misgendering of trans studentsas a form of harassment. The First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner, the judge wrote.Congress gave the [Education] Department authority to issue rules, regulations, and orders to effectuate Title IXs prohibition on sex discrimination consistent with the objectives of the statute. However, the Department exceeded that authority in issuing the Final Rule, he added. In a statement condemning the ruling, the National Womens Law CenterPresident Fatima Goss Graves wrote, Todays decision displays extraordinary disregard for students who are most vulnerable to discrimination and are in the most need for federal protections under the Title IX rule. The Biden administrations Title IX rule is essential to ensure that all studentsincluding survivors of sexual assault and harassment, pregnant and parenting students, and LGBTQI+ studentsare able to learn in a safe and welcoming environment.We are in the beginning of the fight to protect the rights of all students, especially LGBTQI+ students, as we transition into a new administration, Graves statement continued. This court ruling turns long-standing legal precedent on its head in a direct, disproportionate attack on trans students that continues to impact their education and livelihood. Graves pledged to continue fighting for trans and other students rights.Bidens rule changes didnt address the issue of trans students playing on school sports teams his administration has only said that trans students should be given opportunities to participate in sports, but hasnt issued any guidelines or rules explaining how. The ruling sets the stage for Trumps anti-trans agendaIncoming President-elect Donald Trump has said that on day one of his administration hell roll back Bidens trans student protections.The Trump administration spent four years fighting against the legal argument that laws that ban discrimination based on sex ban anti-LGBTQ+ discrimination, particularly in schools. In 2017, then-Secretary of Education Betsy DeVos issued guidance to schools saying that Title IX did not protect LGBTQ+ students, shortly after she and Attorney General Jeff Sessions revoked a guidance from the administration of former President Barack Obama that said the opposite.Trump is expected to follow Project 2025, a blueprint developed by the Heritage Foundation, a conservative think tank.Project 2025 calls for Trump to reinstate his transgender military ban; end educational, workplace, and healthcare protections for trans people; and instruct Congress to define gender as male and female and fixed at birth. The plan would end all acknowledgment of trans people and gender identity.Trump has vowed to end all federal and government-funded diversity, equity, and inclusivity (DEI) programs. This would end numerous organizational trainings and funding for any groups devoted to serving marginalized communities.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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