GOP Efforts Underway to Thwart Biden’s Title IX Amendments via Congress and Judiciary

July 19, 2024

Updated: July 19, 2024

From the ‌heart of SALT LAKE ‌CITY, a legal and legislative battle is brewing over the Biden administration’s efforts to redefine sex discrimination under Title ⁢IX. Both the courts and Congress are pushing back ⁢against these proposed changes.

On Monday, a federal judge in ⁤Kentucky issued an injunction against the proposed changes to⁣ Title IX, which would⁢ expand the definition of sex discrimination to encompass gender identity and sexual orientation. This ruling affects Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia, as reported by‍ The New⁣ York Times. A separate lawsuit had previously halted the law in Louisiana, Mississippi, Montana, and Idaho.

In Kansas, another judge blocked the law in four states, including Utah. ⁣The ruling also extends to ⁤any school attended by a child whose parent is a ⁣member of one of three groups ⁤— Young America’s Foundation, Female Athletes United, and Moms for Liberty ‍— that joined⁣ the lawsuit, as per Inside Higher Ed.

Enacted in 1972, Title IX was designed ⁢to prohibit “discrimination based on sex in education programs or activities that receive federal financial assistance,” as stated by the Department ⁣of Education.

What led the Kentucky judge to block changes to ⁤Title IX?

Chief Judge‍ Danny Reeves of the‌ U.S. District Court in Eastern Kentucky, in his ruling, stated, “The department would turn Title IX on its head by redefining ‘sex’ to include ‘gender ‌identity.’ However, ‘sex’ ‌and ‘gender identity’ are not synonymous.”

He further added, “The department’s interpretation is at odds with the clear language of Title IX and ⁤thus exceeds its authority to issue ⁣regulations under that statute.”

The Education Department, in response to⁤ the ruling, told The Associated Press that it would “continue to fight for every student” while it reviews the decision.

“Title IX ensures that no individual faces sex discrimination in a federally ⁤funded educational setting,” the department stated. “The final Title ⁣IX regulations were developed following⁢ a thorough process.”

Congress’s reaction to the Title IX rule

On the same day, House Republicans voted to block⁢ the Biden administration’s changes to⁢ Title IX. This includes a new rule that would permit biological men to access women’s private areas, such as bathrooms‌ and locker ⁤rooms.

Rep. Burgess Owens, R-Utah, chairman of the House Subcommittee on Higher Education, voted against the change, stating,⁢ “House Republicans will not allow ideological extremism to erase decades of progress or jeopardize the future of women’s sports.”

“The enactment of Title IX in 1972 was a landmark moment for women and girls in America, aiming to ensure ⁣they could compete fairly and ⁣excel in sports, free ⁤from discrimination,” he added.

However, Owens contended that with the ⁢proposed ⁤changes, “The Biden administration is denying biological reality, stripping away Title⁣ IX protections, safety, and fairness in the name of‌ ‘equity.'”

“House Republicans have‍ taken a stand to nullify this nonsense and uphold fairness and equal opportunity for our daughters to train, compete and‌ win,” he concluded.

First District Rep. Blake Moore, 2nd District Rep. Celeste Maloy, and 3rd District Rep. John Curtis also voted against the rule.

It is unlikely that the Senate will⁣ pass a ‌similar resolution, and⁣ Biden has stated that he would veto the⁢ resolution if it did reach ‍his desk,⁢ according to The Hill.