Biden's Title IX Change Allowing Men To Compete Against Women Halted In A New Court Ruling

A federal judge in Kansas has issued a significant ruling that halts the enforcement of Joe Biden's Title IX policy on transgender student-athletes in four states, with implications that stretch beyond those borders.

By Carmen Schober2 min read

U.S. District Judge John Broomes' decision marks the third judicial blow against the rule in less than three weeks, but his ruling is notably more comprehensive.

The controversy centers on Biden's Department of Education directive requiring schools to allow transgender students to participate in sports and use facilities corresponding to their gender identity. Among the sweeping Title IX changes pushed through by the Biden administration was the redefinition of sex in civil rights law to include "gender identity," which exposed girls and women across the country to men in their bathrooms, sports teams, locker rooms, and housing accommodations.

Additionally, the rules were not limited to colleges. They applied to all schools that receive federal funding, which includes public schools, programs, and daycares, and forced use of someone's "preferred" pronouns was also made "mandatory."

Judge Broomes, who was appointed during the Trump administration, ruled that the Biden administration must reconsider whether the enforcement of the rule is "worth the effort."

Broomes, like two other federal judges before him, deemed the rule arbitrary. He concluded that Education Secretary Miguel Cardona and his department overstepped the authority granted by Title IX, a federal law that prohibits sex-based discrimination in education.

The injunction applies to Alaska, Kansas, Utah, and Wyoming—states that collectively challenged the policy. Additionally, the ruling extends to a middle school in Stillwater, Oklahoma, involved in a separate lawsuit, and to members of three conservative groups: Moms for Liberty, Young America’s Foundation, and Female Athletes United.

These groups are leading Republican efforts nationwide to protect female sports and facilities from men who identify as women. Broomes has ordered these groups to compile a list of schools attended by their members' children, so those institutions are exempt from compliance with the rule. Kansas Attorney General Kris Kobach, who argued the case, indicated that this could impact thousands of schools.

"Gender ideology does not belong in public schools, and we are glad the courts made the correct call to support parental rights," said Moms for Liberty co-founders Tina Descovich and Tiffany Justice in a joint statement.

Moreover, Broomes argued that the rule infringes on the free speech and religious freedom rights of parents and students who do not accept the claim that people can change their sex by changing the way they look or what they call themselves.

The judge also expressed concerns about the privacy and safety of non-transgender students, referencing instances where male students exploited the policy to access girls' bathrooms.

"It is not hard to imagine that, under the Final Rule, an industrious older teenage boy may simply claim to identify as female to gain access to the girls' showers, dressing rooms, or locker rooms, so that he can observe female peers disrobe and shower," Broomes wrote in his 47-page order.

Broomes' ruling leaves the Biden administration with the task of deciding whether to persist in enforcing the rule amid mounting legal challenges. This decision and its outcome will likely shape the landscape of school policies for years to come.

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