In its effort to put trans ideology before the privileges of genetic women, the Biden administration suffered a well-deserved beat, albeit one that was only temporary.
By issuing a preliminary injunction against Biden’s new regulations under Title IX, which prohibit discrimination in educational programs and activities on the basis of” sex,” on June 13, the Western District of Louisiana defended the interests of common sense, good law, and women’s health. Without making any significant changes to a federal legislation, Biden’s Department of Education issued a law that claimed” intercourse” includes “gender identification,” but without even going into specifics.
As a result of the new law, the Defense of Freedom Institute explains,” sex- split personal facilities, such as restrooms, showers, and locker rooms, and also athletics fields are then prohibited — a violent deviation from Title IX and years of agency interpretation and enforcement practice”.
DFI, representing the state of Louisiana, Mississippi, Montana, and Idaho, had filed suit to prevent the new law. The judge’s order prevents the law from being put into effect in those four state. At least some other states will succeed in similar suits, and the discussion is almost certainly going to the Supreme Court in the near future.
The small filed by DFI and the four state is very wordy. Properly so. They claim that the law’s” consequences will be stunning and serious.” On immediately field trips with people of the opposite sex, boys and girls will be required to discuss restrooms, locker bedrooms, and perhaps even lodging. Adding insult to injury, they will be forced to use’ recommended pronouns’ or else face sentence, which raises different Free Speech and Free Exercise]of faith ] issues”.
The rule could also be applied to improve the way schools keep their small children from families by revealing that they are receiving “gender-affirming” guidance.
Legally, the law extends governmental powers beyond all appropriateness. Nowhere did Congress complete and a president mark a legislation that said “gender identity” is protected. In essence, Binden’s bureaucrats changed the language and thus completely altered Title IX’s goal. The purpose of Title IX was to make distinctions between the women and to offer protection to girls and women in response to those contrasts. Instead, the new law removes all those distinctions at the primary disadvantage and loss of privacy of the natural women and girls it is meant to protect and at the whim of gender transitioners or of school officials who encourage them.
Indeed, Title IX’s actual language states that “nothing contained herein shall be interpreted as prohibiting” educational institutions from providing separate living facilities for the various sexes. Biden’s rule instead does the exact opposite, meaning institutions will be punished if they do try to keep separate living facilities that exclude gender- bending, biological men from women’s quarters. Sen. Birch Bayh (D-IN ) stated in a specific statement that the Biden rule “permits ] differential treatment by sex… in sports facilities or other instances where personal privacy must be preserved” when passing Title IX.
For all of these and more, the Biden administration is legally so far in the wrong as to be outrageous. If the Supreme Court hears the matter, it almost certainly will lose.
From a medical standpoint, too, Biden is wrong. While this is of less legal importance than scientific, the American College of Pediatricians earlier this month issued a “declaration” rejecting the idea that “gender identity” and” sex” are at all the same thing and blasting the practice of encouraging gender transitions. The declaration, which was co-authored by numerous other medical organizations and prominent doctors, stated that recognition of the “innate differences” between the two sexes is” crucial to the practice of good medicine and the development of sound public policy.”
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Official policy in the United Kingdom, Sweden, Finland, Norway, and France now follows this growing medical consensus that gender transitions for children are, in most cases, not appropriate.
In sum, the Biden administration is wrong legally, medically, and ethically. Its loss on Thursday in a case involving Louisiana should be the first of many similar setbacks until it overturns the unjustifiable and plainly dangerous rule.
