Significant legal development, a federal judge appointed by former President Donald Trump has delivered a blow to the Biden administration’s efforts to expand Title IX protections. Judge John W. Broomes of the US District Court for the District of Kansas issued a ruling blocking the enforcement of the Biden administration’s expanded anti-discrimination guidelines in several states and educational institutions across the nation.
The ruling, which affects four states — Alaska, Kansas, Utah, and Wyoming — as well as a middle school in Stillwater, Oklahoma, and organizations opposing LGBTQ+ rights such as Moms for Liberty, temporarily halts the implementation of the new regulations. This decision follows earlier court orders that had already limited the reach of these rules in ten other states.
At the heart of the controversy are the expanded Title IX rules, which the Biden administration argues extend protections against discrimination based on gender identity and sexual orientation. These rules aim to align with the Supreme Court’s precedent in Bostock v. Clayton County, which affirmed that Title VII’s prohibition on sex discrimination encompasses LGBTQ+ individuals.
Judge Broomes, however, disagreed with this interpretation, asserting that Title IX was originally intended to prevent discrimination based on biological sex, not gender identity. He cited concerns about privacy rights, particularly in facilities like bathrooms and locker rooms, and expressed skepticism about the implications of allowing students to identify with a gender different from their biological sex.
The injunction issued by Judge Broomes will remain in effect pending further legal proceedings, where he anticipates a favorable outcome for the plaintiffs challenging the Biden administration’s policies. The judge also raised First Amendment concerns, echoing arguments from conservative groups that misgendering transgender individuals constitutes protected speech.
The Biden administration’s revised guidelines, introduced in April, aimed to strengthen protections for LGBTQ+ individuals and reverse previous Trump-era policies that had rolled back these protections. Critics, including conservatives and organizations involved in the lawsuit, argue that the new rules could lead to unfair advantages in sports and compromise privacy rights in educational settings.
The lawsuit, filed by various plaintiffs including Moms for Liberty and a middle school student from Oklahoma, marks a significant legal battle over the interpretation and application of Title IX in the context of gender identity and sexual orientation.
As the legal proceedings unfold, the implications of Judge Broomes’ decision could have far-reaching consequences for the enforcement of federal anti-discrimination policies in schools across the United States.