In a recent development, the 11th Circuit Court of Appeals has granted a motion to halt the implementation of the Biden-Harris administration's reinterpretation of Title IX in four states, pending an appeal.
The states in question are South Carolina, Florida, Georgia, and Alabama. The administration's controversial interpretation of Title IX of the Civil Rights Act conflates gender identity with biological sex, a move that is based on the Supreme Court's Bostock decision.
According to The Post Millennial, the court's order stated, "Ultimately, the Departments regulation contravenes the Supreme Courts construction of Title IX 'discrimination' set out in Davis and runs headlong into the First Amendment concerns animating decisions like Davis and Cartwright. Accordingly, it is highly likely that the Departments regulation is contrary to law and 'in excess of statutory ... authority." This ruling, which favored the states by a 2-1 margin, further emphasized the likelihood that the Departments new regulation defining discrimination on the basis of sex to include gender identity is contrary to law and in excess of statutory authority.
The lawsuit challenging the Department of Educations new Title IX rules was initiated by the four aforementioned states, the Independent Womens Law Center, Parents Defending Education, and Speech First. Nicole Neily, President of Parents Defending Education, expressed her gratitude for the court's decision, stating, "We are deeply grateful that the 11th Circuit issued an injunction in our Title IX case, and we look forward to engaging with the district court on the merits in the months ahead. The Biden-Harris rewrite of this 52-year-old law flagrantly disregards both constitutional rights and the Administrative Procedure Act, a point on which multiple appellate courts now concur. Its an honor to stand alongside Alabama, Florida, Georgia, and South Carolina in the battle to defend the privacy and safety of Americas women and girls, although tragic that such litigation had to be filed in the first place."
Caroline Moore, Vice President of Parents Defending Education, also expressed her satisfaction with the court's decision, stating, We are thrilled that the court agreed to temporarily stop the Biden administrations changes to Title IX. This administration has consistently challenged female biology and cannot conclusively state what differentiates female and male biology. Today is a good day for students and school districts in Alabama, Florida, Georgia, and South Carolina. Parents and students alike can sleep well knowing their kids wont be subjected to threats of lawlessness, harm, and injury in their academic institutions.
This ruling follows a 5-4 decision by the Supreme Court that blocked the Biden-Harris administration's efforts to enforce their changes to Title IX. These changes, which were scheduled to take effect on August 1, would have compelled schools receiving federal funding to permit biological males to use girls' bathrooms, locker rooms, and other facilities. This recent court decision underscores the ongoing legal battles surrounding the interpretation of Title IX and its implications for the rights and safety of students across the nation.
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