In April, the U.S. Department of Education issued controversial new regulations for Title IX. Title IX is a law that bans discrimination in schools based on sex. The law is widely credited with the advances women have made in sports and educational opportunities over the last fifty-two years.
But the new regulations will eviscerate Title IX by extending protections meant for women and girls to biological males who "identify" as girls.
The Biden rules will require schools to allow individuals born male to use girls' bathrooms and locker rooms. They also will force schools and students to use trans pronouns or risk losing federal funds.
Multiple states have filed lawsuits against the regulations scheduled to go into effect on August 1, 2024. One case, filed by Idaho, Louisiana, Mississippi, and Montana, was just decided by U.S. District Judge Terry A. Doughty (appointed by former President Donald Trump).
Judge Doughty issued an injunction stopping the trans regulations in those four states. He explained: "Title IX was enacted for the protection of the discrimination of biological females. However, the Final Rule may likely cause biological females more discrimination than they had before Title IX was enacted. . . . By allowing biological men who identify as female into locker rooms, showers, and bathrooms, biological females risk invasion of privacy, embarrassment, and sexual assault."1
We believe the judge's decision is correct, but LGBTQ+ groups and liberal media were irate. "Today's decision prioritizes anti-LGBTQ+ hate over the safety and well-being of students in the state. This is MAGA theatrics with the dangerous goal of weaving discrimination into law,"2 said Kelley Robinson, president of the Human Rights Campaign.
Interestingly, in the proposed regulations, the Biden administration did not address whether men should be allowed to compete in women's sports. Public opinion has moved sharply against that idea, and the White House feared the political fallout.
JDFI applauds the district court opinion, but it does not end the threat to women and girls. Other district courts with "progressive" judges will likely uphold the Biden trans regulations, setting up the strong possibility that the dispute will have to be settled by the Supreme Court.
1. DocumentCloud, accessed June 18, 2024, Web.
2. “US District Court Enjoins New Title IX Rule,” Human Rights Campaign, accessed June 18, 2024, Web.
