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Biden’s Title IX expansion...

Biden’s Title IX expansion blocked by federal judge

By: Frank Corder - June 14, 2024

President Joe Biden speaks in the Roosevelt Room of the White House, Sunday, Oct. 1, 2023, in Washington. (AP Photo/Manuel Balce Ceneta)

  • Attorney General Fitch says the injunction is a victory for girls across Mississippi.

A federal judge has ruled in favor of Mississippi, Louisiana, Montana, and Idaho’s challenge of the Biden Administration’s new Title IX final rule that broadens the law to prohibit discrimination based on “sex stereotypes, sexual orientation, gender identity, and sex characteristics.”

On Thursday, Louisiana-based U.S. District Judge Terry Doughty, appointed by former President Donald Trump, called the rule an “abuse of power.” He issued a preliminary injunction against the Administration’s expanded rule in the four states, saying it “would subvert the original purpose of Title IX: protecting biological females from discrimination.”

Mississippi Attorney General announced in April that she had joined with the other Republican-led states in challenging the broadened rule. Fitch said it was part of “an extremist political agenda” that would destroy the important gains made by women.

READ MORE: Mississippi among states challenging Biden Administration’s broadened Title IX rule

On Friday, Fitch told Magnolia Tribune the injunction is a victory for girls across Mississippi.

Mississippi Republican Attorney General Lynn Fitch, Tuesday, May 9, 2023. (AP Photo/Rogelio V. Solis)

“For more than fifty years, Title IX has given girls an opportunity to compete on a level playing field and offered them a fair chance to excel. This injunction is a victory for girls across Mississippi,” Attorney General Fitch said. “I am proud to stand with my colleagues from Louisiana, Idaho, and Montana as we fight against the Biden administration’s extremist political agenda and protect women’s privacy, safety, and opportunity.”

The U.S. Department of Education stood by the new rule, which is slated to take effect in August, saying in a statement that they would “continue to fight for every student.” The federal agency contends that the language provides greater clarity regarding the definition of “sex-based harassment.”

The new Biden Administration rule places additional requirements on schools to communicate their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs, among other mandates. Failure to comply with the new rule could result in the loss of federal funding and legal action taken by the federal government against local schools.

Judge Doughty said these provisions and the requirements imposed by them in the expanded rule were an “invasion of state sovereignty.”

Further, while the new Title IX rule does not specifically address athletics, the federal judge said it applies to sex discrimination in any educational “program” or “activity” receiving federal financial assistance.

“The terms ‘program’ or ‘activity’ are not defined but could feasibly include sports teams for recipient schools,” Judge Doughty wrote.

Other lawsuits have been filed against the broadened Title IX, but Thursday’s ruling was the first in the nation by a federal judge.

As previously reported, the original intent of the 1972 law was to give women an equal playing field in educational attainment, particularly at public schools and institutions of higher learning that receive federal financial aid. However, presidential administrations supportive of the LGBTQ movement have used Title IX to expand protections and access for people who identify as lesbian, gay or transgender.

About the Author(s)
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Frank Corder

Frank Corder is a native of Pascagoula. For nearly two decades, he has reported and offered analysis on government, public policy, business and matters of faith. Frank’s interviews, articles, and columns have been shared throughout Mississippi as well as in national publications. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father. Email Frank: