Department of Justice seeks to uphold Biden's Title IX changes
In July a federal judge in Tennessee, granted a preliminary injunction that temporarily pumped the breaks on the Biden administration’s proposed Title IX changes that intends to extend protection to transgender students.
The Department of Education seeks to 'protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.'
The U.S. Department of Justice (DOJ) filed an appeal to reverse a federal judge’s ruling that temporarily blocks the Biden Administration’s Title IX rule from taking effect.
The appeal was filed to the United States Court of Appeals for the Sixth Circuit on Sept. 13 and lists the Department of Education (DOEd) as the Defendant.
“Notice is hereby given that all defendants in the above-named case hereby appeal to the United States Court of Appeals for the Sixth Circuit from the following preliminary injunction order entered in this action: Memorandum Opinion and Order, dated July 15, 2022,” the file clarified.
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In July, Charles Atchly, a federal judge in Tennessee, granted a preliminary injunction that temporarily pumped the breaks on the Biden administration’s proposed Title IX changes that intends to extend protection to transgender students.
The June 23 proposal would “protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics,” the DOEd claims.
The new rule separates itself from Title IX’s intended standards by conflating “sex” with “gender identity,” and thus raised concern that the proposal could infringe on women’s rights that have been solidified for 50 years.
20 state attorneys general filed a lawsuit against the DOEd that alleged the ruling imposes on state rights to enforce laws.
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“Because there are questions as to Defendants’ compliance with the [Administrative Procedure Act,] the public would benefit from a preliminary injunction,” Atchly ruled. “An injunction will ensure that the agencies are not exceeding their express authority delegated by Congress.”
Campus Reform reported on a slew of states that enacted laws prohibiting men from competing against women.
A public comment phase for the proposed rule concluded on Monday. A total of 210,594 comments were filed with the Federal Registrar.
The comments will be reviewed prior to the department issuing a final decision on implementing the ruling.
Campus Reform contacted the Department of Justice and Atchley’s office for comment. The DOEd deferred to the DOJ. This article will be updated accordingly.
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