Federal judge delivers first blow to Biden’s protections for transgender students


A federal judge has temporarily blocked the Education Department’s final Title IX rule, which prohibits discrimination based on gender identity and sexual orientation.

The ruling: Western District of Louisiana Chief Judge Terry Doughty in an order Thursday declared that Title IX, a federal education law that bars sex-based discrimination, “was written and intended to protect biological women from discrimination.”

“Such purpose makes it difficult to sincerely argue that, at the time of enactment, ‘discrimination on the basis of sex’ included gender identity, sex stereotypes, sexual orientation, or sex characteristics,” Doughty, a Trump appointee, wrote. “Enacting the changes in the Final Rule would subvert the original purpose of Title IX.”

He also stated the case “demonstrates the abuse of power by executive federal agencies in the rulemaking process.”

Key context: The preliminary injunction blocks the Education Department’s rule from taking effect in August in Louisiana, Mississippi, Montana and Idaho — a suite of states that filed one of at least seven lawsuits being pursued by Republican attorneys general.

The ruling limits how the agency can enforce the rule’s transgender protections at schools in these states. Several states, including Louisiana, Montana, Florida, South Carolina and Oklahoma, had already said they will not comply with the new rule. And more than two dozen states are challenging the policy in federal court.

This report will be updated.

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