Back in April, Joe Biden, following in Barack Obama's footsteps, unilaterally changed Title IX, which protects women and girls from discrimination in education, by reinterpreting the law to treat “gender identity” the same as biological sex. This move allowed biological males to play women's sports and gave them access to scholarships intended for women, as well as women's locker rooms, private spaces, and single-sex housing.
A federal judge in Texas, who called Biden's effort an "unlawful action," just shut that move down.
Title IX pertains exclusively to biological sex, with no references to “gender identity,” “gender expression,” or any other weird concept radical left-wing gender ideology creates out of thin air. It's ironic because Democrats have often portrayed themselves as champions of women's rights. In reality, they're beholden to radical left-wing gender ideology and couldn't care less about the privacy, dignity, and opportunities of women and girls.
District Judge Reed O’Connor ruled with Texas Attorney General Ken Paxton, who sued the Biden administration after it first proposed the Title IX changes. In his ruling, O’Connor explained that the Biden administration “engaged in unlawful agency action taken in excess of their authority, all while failing to adhere to the appropriate notice and comments requirements when doing so.”
This case involves an immensely difficult policy issue: balancing the protection of personal privacy and rights in school classrooms, bathrooms, locker rooms, and other intimate facilities while, at the same time, ensuring that no student is marginalized in an educational setting. But the resolution of this difficult policy issue is not for the Court to decide. Instead, the Constitution assigns such major policy choices to the appropriate elected officials, who must follow the proper legal procedures to initiate any desired change. Defendants failed to follow the proper procedures here. Rather than promote the equal opportunity, dignity, and respect that Title IX demands for both biological sexes, Defendants’ Guidance Documents do the opposite in an effort to advance an agenda wholly divorced from the text, structure, and contemporary context of Title IX.
O'Connor's ruling noted that schools that receive Title IX funding would face an "Impossible choice" under Joe Biden's proposed guidance. They must either revise policies to comply with federal guidance, which violates state law, or risk losing substantial funding. O'Connor pointed out that allowing the Biden administration's guidance to stand would "functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress."
"That is not how our democratic system functions," O'Connor wrote.
O'Connor's order emphasized that it does not seek to strip any students of their rights. Instead, it clarifies that the Department of Education lacks the authority to redefine "sex" in a manner that conflicts with Title IX and that any such changes must be made by Congress.
Here at PJ Media, we’ll always acknowledge the truth about sex and gender and support women's sports. We will not cave to the transgender cult by calling men “women” or vice versa. We do so at a huge risk, as it puts us in the position of being censored. That’s why we need your support as we challenge the transgender cult and defend sanity.
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