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Diving overview:
- A federal judge on Thursday temporarily blocked the U.S. Department of Education's new Title IX regulations from taking effect in four states, marking the first major legal setback for the controversial regulations.
- In April, the department Expansion of regulations under Title IX – Prohibits discrimination on the basis of gender in federally funded education programs and includes protections for LGBTQI+ students and employees.
- but Judge Terry DowtyRegarding the Western District of Louisiana's decision, he said the interpretation would “subvert Title IX's original purpose of protecting biological females from discrimination.” Injunction issued in lawsuit filed by Louisiana, Mississippi, Montana, IdahoIn four states, the pause occurs on the rule's Aug. 1 start date.
Dive Insights:
As of the April 19 announcement, the Department of Education's Title IX regulations are as follows: mixed reaction. In addition to adding LGBTQI+ protections, the rule lIt appears to be a Trump-era requirement for universities to hold live hearings on sexual harassment cases. Universities will also be required to investigate a broader category of complaints under the new rules.
Civil rights activists and advocates for sexual assault survivors praised the change. But conservative and press freedom groups argued that the Education Department's amendment goes beyond its scope and would put pressure on universities to punish speech protections.
Louisiana and many other states file a lawsuit The department opposed the rule immediately after it was published. In her lawsuit Louisiana Attorney General Liz Murrill The Ministry of Education claimed surpassed authority.
Doughty's 40-page ruling Thursday did not evaluate the merits of the state's argument. But the judge wrote that including gender identity, gender stereotypes, sexual orientation and sex characteristics in Title IX's definition of “sex discrimination” goes against the law's original purpose.
“Allowing this to happen could undo decades of victories for both women and men.” Doughty wrote.
He also pointed out that the new Title IX rules do not address students who identify as non-binary. “It’s very important politically because it’s a polarizing political issue that the agency doesn’t have the power to create.”
The Department of Education is reviewing the ruling and supports the final Title IX regulations, a spokesperson told K-12 Dive.
“The department wrote the final Title IX regulations after a rigorous process to ensure that Title IX statutory guarantees are realized,” a spokesperson said in a statement.
Murrill hailed Thursday's ruling as a victory against federal interference and said the inclusion of protections for LGBTQI+ people is an example of this. “Illegal and radical gender ideology.”
“Along with Idaho, Mississippi and Montana, our states are fighting back to protect our laws, the safety and prosperity of women and girls, and fundamental American values,” said Premier Murrill. From the statement.
But the Human Rights Campaign, one of the most prominent LGBTQ+ groups, criticized the injunction as a means of enforcing discrimination into the law.
“All young people deserve protection from bullying, misgendering and abuse.” HRC President Kelley Robinson said in a statement thursday. “Today’s decision puts anti-LGBTQ+ hate ahead of the safety and well-being of our students.”
While the Louisiana case deals the first judicial blow to Title IX, the Department of Education still faces eight additional lawsuits filed by 26 states challenging the provision.
A separate judicial decision in Texas this week signals a problem with LGBTQ+ protections under Title IX.
A federal judge on Tuesday ruled that the Department of Education: I didn't have permission It tells states how to interpret the law, just as it did in 2021. That year, The agency has issued guidance. Discrimination against gay and transgender people violates Title IX.
The department also failed to provide the state with an opportunity to submit comments on that interpretation, according to Tuesday's ruling.
As a result of this decision, the Department of Education cannot use guidance documents it released in 2021 to protect LGBTQ+ students in Texas under Title IX.