Decisions stop addition of female identity to Title IX ,  ,
Colleges that are affected by the decision remain closely livid as President Biden’s Education Department appeals a decision blocking its pro-transgender update of Title IX.
Nine institutions contacted by The College Fix three times in each of the ten says that were blocked by the blockings. The organizations ‘ school press relations departments and Title IX agencies did not respond to requests for comment.
Just the University of Kentucky responded, saying it will adopt the decision.
” We are aware of the judge’s order and may, of course, value it”, Jay Blanton, deputy communications official at the University of Kentucky, told The College Fix via internet. We may graciously drop further comment at this time because these things have been the issue of dispute.
The institutions affected are in state led mostly by Republicans: Louisiana, Mississippi, Montana, Idaho, Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia.
Biden’s update of Title IX, the” Last Rule”, which takes effect on Aug. 1, adds gender identity to the federal laws. The change may require others to address women’s locker rooms and bathrooms with their preferred pronouns and allow female-identifying men to enter them.
Judges Danny Reeves of Kentucky and Judge Terry Doughty of Louisiana have since upheld that view.
” The Last Rule transcends ‘ sexual bias’ to include gender identity, sexual preference, gender prejudices, and sexual characteristics”, Doughty wrote.
Doughty claims that Biden’s update “preempts state laws to the contrary, requires individuals to be allowed to use restrooms and locker areas based on their gender identity, prohibits schools from requiring health or other evidence to validate the child’s gender identity, and imposes additional needs that will result in significant charges to the school.”
Judge Reeves wrote” there are two sexes: male and female”.
Biden’s “new rule contravenes the plain text of Title IX by redefining’ sex’ to include gender identity, violates government employees ‘ First Amendment rights, and is the result of arbitrary and capricious rulemaking”, according to Reeves.
Seeking comment on the rulings, The Fix reached out to Louisiana State University, University of Louisiana at Lafayette, University of Mississippi, Montana State University, Boise University, University of Idaho, University of Louisville, University of Tennessee, Knoxville, Ohio State University, University of Cincinnati, Indiana University, Purdue University, Liberty University, George Mason University, and West Virginia University and received no comments.
According to Higher Ed Dive,” Louisiana’s lawsuit alleged that the department overstepped its authority in finalizing the regulations and that they violated Title IX itself by infringing on women’s protections.”
The department said it was reviewing the ruling prior to its appeal and that it”‘ stands by’ the final regulations, which conservative states have challenged”, Higher Ed Dive reported.
In response to Judge Doughty’s ruling, the U. S. Department of Education filed an appeal.
Members of the Department of Education wrote in their notice of appeal that” Notice is hereby given that Plaintiffs United States Department of Education …appeal to the United States Court of Appeals for the Fifth Circuit from the Court’s June 13, 2024.”
The Fix called Judge Reeves and Judge Doughty’s offices. Judge Reeves ‘ office declined to comment, while Judge Doughty was out of office.
Inside Higher Ed reported that “over all, 26 state attorneys general, all Republicans, are challenging]the new Title IX ] regulations”.
According to expectations, a Supreme Court ruling from last week regarding the” Chevron deference” that reaffirms federal administrative authority in terms of how to interpret laws will give states more authority to challenge Title IX’s interpretation.
MORE: Federal judge temporarily blocks Biden Ed Dept. policy incorporating gender identity into Title IX
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