Biden Rule Extending Title IX To Trans Students Blocked In 4 GOP States

A federal judge in Louisiana has temporarily blocked four states from expanding the Biden administration’s new Title IX policy to protect LGBTQ+ students.

The Biden administration’s new Title IX policy outlined federal protections for LGBTQ+ students and victims of sexual assault while expanding the definition of sexual harassment for schools and universities. The new Title IX provisions collide with Louisiana’s “Women’s Safety and Protection Act” which requires individuals to use the bathroom based on their sex, prohibiting transgender people from using bathrooms and other close-quartered facilities corresponding with their gender identity, according to the court documents.

Trump-appointed U.S. District Judge Terry A. Doughty, the first judge to block the new Title IX rule, referred to it as an “abuse of power” and “a threat to democracy,” according to the court documents. The three supporting states are Mississippi, Montana and Idaho, all of which joined  the lawsuit, overstepping the Education Department’s authority.

The rule is still scheduled to take effect on August 1, 2024, nationwide except in the four states mentioned in the Louisiana decision.

Don Daughtery, who served as lead counsel for the Defense of Freedom Institute (DFI), noted that the regulations do not line up with the statute and have been pushed out without public feedback.

“You’ve got unelected bureaucrats in the Department of Education and elsewhere trying to smuggle it through without trying to let the public have as little insight or involvement or influence as possible,” Daughtery told The Daily Caller News Foundation.

Doughty sided with Louisiana Attorney General (AG) Liz Murrill’s lawsuit “The State of Louisiana et al versus U.S. Department of Education et al.” The suit states that the original Title IX statute uses the language of “both sexes” or “one sex,” implying that it was referring to strictly biological men and women.

“This a victory for women and girls. When Joe Biden forced his illegal and radical gender ideology on America, Louisiana said NO! Along with Idaho, Mississippi, and Montana, states are fighting back in defense of the law, the safety and prosperity of women and girls, and basic American values,” Murrill said in a statement.

The new rule wipes the changes former Trump administration Education Secretary Betsy DeVos made, including undoing specific sexual assault policies at U.S. colleges and universities. DeVos shared her opinions on social media, stating the new rule is a “regulation no one needed and very few wanted.”

“This regulation is an assault on women and girls. It makes it a federal requirement that men be allowed to play women’s sports, putting their safety, privacy and competitive opportunity at risk. And it makes it a federal requirement that feelings, not facts, dictate how Title IX is enforced,” DeVos, said in a thread on X.

“We are reviewing the ruling. Title IX guarantees that no person experience sex discrimination in a federally funded educational environment. The Department crafted the final Title IX regulations following a rigorous process to realize the Title IX statutory guarantee. The Department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student,” an Education Department Spokesperson told the DCNF.

In April, the Biden administration planned to implement a new policy preventing schools from creating a ban on transgender athletes. This rule has been delayed, and instead, the administration shifted its focus on undoing the sexual assault rules put in place by the Trump administration, according to multiple reports.

On Tuesday, Bush-appointed Texas Federal Judge Reed O’Connor blocked the administration’s attempt to change Title IX to include “gender identity.” However, O’Connor wrote: “Importantly, this injunction does not extend to the Final Rule or, broadly speaking, the general Title IX interpretation that could underlie a future final rule. Instead, the injunction pertains only to the Guidance Documents in this case, along with any future non-final rule agency action, such as guidance documents, that rely on the errant Title IX interpretation declared unlawful.”

Leaders in several other red states are taking a stand, claiming that the DOE is illegally expanding the definition of the word “sex.” In 2022, the Eastern District of Tennessee blocked Biden’s initial push to rewrite Title IX and include gender identity and sexual orientation.