U.S. appeals court agrees to block central part of new Title IX gender rules for schools

Rebekah Bruesehoff, a transgender student athlete, speaks at a press conference on LGBTQI+ rights, at the U.S. Capitol on March 8, 2023 in Washington, D.C. Bruesehoff spoke out against a proposed national trans sports ban being considered by Republicans on the House Education and the Workforce Committee. (Photo by Kevin Dietsch/Getty Images)

A federal appellate court has upheld blocking central parts of new Title IX rules from the Biden administration and granted an expedited hearing in October.

A three-judge panel of the 6th U.S. Circuit Court of Appeals agreed Wednesday to block the rules from taking effect Aug. 1, shortly before most schools begin their academic year. The rules, created by the U.S. Department of Education, were aimed at protecting students from discrimination based on gender identity and sexual orientation.

Chief Judge Jeffrey Sutton wrote in the majority opinion that all judges on the panel agreed the central parts of the rules should not take effect on Aug. 1.

“It is hard to see how all of the schools covered by Title IX could comply with this wide swath of new obligations if the Rule’s definition of sex discrimination remains enjoined,” Sutton said. “Harder still, we question how the schools could properly train their teachers on compliance in this unusual setting with so little time before the start of the new school year.”

Judge Andre Mathis wrote in a dissenting opinion that he would grant a partial stay, as requested by the Department of Education.

“I am cognizant of Plaintiffs’ argument that the benefits of enacting the Rule’s unchallenged provisions are outweighed by the expense or confusion of phased implementation,” Mathis wrote. “But most of the expense is attributable to provisions that Plaintiffs neither directly challenge nor cite as a source of harm.”

The lawsuit was filed by Republican attorneys general in six states — Kentucky, Virginia, Indiana, Ohio, Tennessee and West Virginia.

In June, Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky sided with the six GOP attorneys general. The judge said the Department of Education “seeks to derail deeply rooted law” with its proposed Title IX rules.

“At bottom, the Department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity.’ But ‘sex’ and ‘gender identity’ do not mean the same thing,” Reeves wrote. “The Department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.”

Established in 1972, Title IX was created to prevent “discrimination based on sex in education programs or activities that receive federal financial assistance,” according to the Department of Education.

Indiana Gov. Eric Holcomb and 25 other Republican governors sent a letter last May asking the Biden Administration to reconsider the rule, saying it was confusing for schools to follow.

“Leaving aside the Department’s utter lack of authority to promulgate such a regulation, neither states nor schools should be subjected to such a fluid and uncertain standard,” the governors said in the letter. “Nor, most importantly, should the historic advancements and achievements of our sisters, mothers, and daughters be erased.”

The governors additionally argued that the proposed changes create confusion for states and schools. They claimed, too, that federal officials have threatened to withhold federal funds to coerce schools to comply with a “completely subjective standard that is based on a highly politicized gender ideology.”

The Biden administration introduced the rules to “build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights,” U.S. Secretary of Education Miguel Cardona previously said in a statement. The rules also would have rolled back Trump administration changes that narrowly defined sexual harassment and directed schools to conduct live hearings, allowing those who were accused of sexual harassment or assault to cross-examine their accusers.

Indiana Capital Chronicle Senior Reporters Whitney Downard and Casey Smith contributed to this story.

The post U.S. appeals court agrees to block central part of new Title IX gender rules for schools appeared first on Indiana Capital Chronicle.