A third justice ruled against President Joe Biden's Department of Education's new interpretation of Title IX, which would add gender identity as a protected class.
The latest injunction, issued Tuesday by U.S. District Judge John Broome in Kansas, applies not only to Kansas but also to Alaska, Utah and Wyoming.
Brooms, a Trump appointee, recently joined two federal judges who issued injunctions blocking implementation of the Title IX amendments, dubbed the “final rule,” which covers Louisiana, Mississippi, Montana, Idaho, Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.
Biden’s Title IX amendments are set to take effect on August 1. Under the changes, men who identify as women will be allowed to enter women’s locker rooms and bathrooms, and others will be required to refer to them by their preferred pronouns.
This latest ruling comes in a lawsuit filed in May by Moms for Liberty and Young America's Foundation, which also includes “all schools nationwide attended by plaintiff Katie Rowland, members of Female Athletes United, members of Young America's Foundation, and minor children of Moms for Liberty members.”
Although Judge Brooms did not issue a nationwide injunction, his decision appears to effectively cover most of the country.
In a 47-page opinion, Brooms wrote that the plaintiffs will likely be successful in their arguments that the final rule is unlawful, exceeds statutory authority, is an unconstitutional exercise of legislative power, violates the First Amendment, and is arbitrary and capricious.
Brooms noted that the new rules do not adequately define the terms needed to enforce them. He also wrote that the new rules could harm women who are forced to speak negatively about the transgender movement, face backlash, and potentially have to share locker rooms and bathrooms with biological males.
🚨Today: A third court struck down the Biden administration’s illegal Article IX rule.
A federal court ruling halts the Title IX changes while the case, Kansas v. U.S. Department of Education, is pending.
This order applies not only to students… pic.twitter.com/sL4RDPVm1v
— Alliance Defending Freedom (@ADFLegal) July 2, 2024
“This is a victory for women around the world who will no longer be silenced by the Biden administration’s illegal Title IX amendments,” Scott Walker, former Wisconsin governor and president of Young America’s Foundation, said in a news release. “We will continue to fight for students’ right to speak their biological truths and will not give in to the left’s lies. Soon, students will be able to return to campuses knowing they cannot be punished for what they believe.”
But critics hailed the ruling as a “blow” to transgender rights.
“This ruling is another blow to the Biden administration’s efforts to protect LGBTQ rights.” Bloomberg Reported: “Since the U.S. Supreme Court ruled in 2015 in Obergefell v. Hodges that states cannot deny same-sex couples the right to marry, conservative litigation lawyers have championed efforts to ban transgender bathrooms, ban athletes, and limit gender-affirming treatment for minors.”
Brooms joined two federal judges, Judge Terry Doty of Louisiana and Judge Danny Reeves of Kentucky, who ruled in June against the transgender-friendly Ninth Amendment.
More: Red State University Silences Judge Who Blocked Biden's Title IX Amendment
Image: Zolnierek / Shutterstock
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