Appeals Court Declines To Overturn Injunction Blocking Biden’s New Title IX Rule

(NationalUSNews.com) — On Wednesday, July 17, the 6th U.S. Circuit Court of Appeals in New Orleans voted to uphold the temporary injunction halting the Biden administrations proposed changes to Title IX.

While Title IX’s was originally intended to protect woman and girls from sex-based discrimination in education, the new rules would add gender identity as well as sexual orientation. The injunction was originally issued by a federal district judge in Kentucky and pertains to six states. Included in the injunction are Kentucky, Ohio, Indiana, Tennessee, Virginia, and West Virginia. The court’s majority opinion is that the proposed changes are outside the authority of the Department of Education.

Among those dismayed by the ruling is Chris Hartman, executive director of the LGBTQ+ advocacy group Fairness Campaign. Despite ongoing legal battles, he says that schools should protect students regardless of gender or sexual orientation, no matter what the status of Title IX may be. Kentucky Republican Attorney General Russell Coleman has indicated support for the ruling, however. Coleman says that original Title IX protections have protected equal opportunities for women and girls in education and athletics for fifty years. He characterized the proposed changes as an assault on those protections.

The expansion of Title IX is scheduled to go into effect on August 15. Although they have not issued injunctions against the newly expanded Title IX, twelve other states have indicated serious objections. Some have suggested that the purpose of the proposed expansion is to allow trans-identified male students to participate in girls’ athletics. The Biden administration has denied these accusations, saying that the rule doesn’t pertain to athletics, even though Title IX specifically addresses sport.

The U.S. Education Department has not publicly responded to the ruling yet, despite the serious implications for women, girls and people who identify as LGBTQ+. The 6th Circuit Court is expected to expedite a full hearing for the case this fall. Whether Title IX’s original intention to protect women and girls will be preserved or altered to expand its scope remains to be seen.

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