Federal judge blocks Biden Title IX rule in 4 states: 'Abuse of power'
A federal judge has blocked President Biden's expansion of Title IX in four states, calling the mandatory gender identity protections an "abuse of power."
U.S. District Judge Terry Doughty granted a preliminary injunction on Thursday, and referred to the Biden administration's unilateral Title IX changes as a "threat to democracy."
"This case demonstrates the abuse of power by executive federal agencies in the rulemaking process," Doughty said in his ruling. "The separation of powers and system of checks and balances exist in this country for a reason."
Doughty ruled that the changes were inadmissible because the term "gender discrimination" as used in the establishment of Title IX "only included discrimination against biological males and females at the time of enactment."
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President Biden speaks in the State Dining Room of the White House in Washington, D.C. (Michael Reynolds/EPA/Bloomberg via Getty Images)
Doughty ruled that the changes were inadmissible because the term "gender discrimination" as used in the establishment of Title IX "only included discrimination against biological males and females at the time of enactment."
The ruling blocks implementation of the changes in Louisiana, Mississippi, Montana and Idaho.
Title IX is a longstanding civil rights law prohibiting sex-based discrimination in schools and other education centers that receive federal funding.
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Under the administration's new rules, sex discrimination would include discrimination based on gender identity as well as sexual orientation.
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The latest update, from April, expands the definition of discrimination on the basis of sexual orientation and gender identity – a move that critics say would undermine hard-won protections for women and girls.
A school would not be able to separate or treat people differently based on sex, except in limited circumstances, under the provisions.
Critics say that the change will allow locker rooms and bathrooms to be based on gender identity.
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LGBTQ+ students who face discrimination would be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.
Advocates have hailed the change as necessary to protect transgender students. The rule is set to take effect Aug. 1.
Lawsuits against the Biden administration's changes — similar to the Louisiana case — are underway in states across the country.
Fox News' Elizabeth Elkind and Joshua Q. Nelson contributed to this report.
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