Texas Sues the Biden Administration Over New Title IX Rules That ‘Mandate Radical Gender Ideology’ – UPDATE

Update: Oklahoma’s superintendent of education said his state will NOT comply with the Biden administration’s “transgender” mandate.

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Texas filed a lawsuit on Monday against the U.S. Department of Education over final rules that expand the word “sex” in anti-discrimination law to include sexual orientation and “gender identity.”

The new Title IX rules will give boys pretending to be girls access to girls’ private facilities like restrooms and locker rooms in government schools and could force teachers to participate in students’ social pressure-fueled fantasies by referring to them by opposite-sex pronouns.

The Biden administration is also considering allowing boys pretending to be girls to ruin girls’ sports teams.

Through the notice-and-comment rulemaking process, President Joe Biden and the Department of Education “attempted to effect radical social change in our Nation’s schools by purporting to ‘interpret’ Title IX of the Education Amendments Act of 1972 to prohibit discrimination based on sexual orientation and gender identity,” the complaint (PDF) reads.

Stymied in its attempts to implement this agenda through informal agency guidance, and unable to amend Title IX through the legislative process, the Department has now formally amended the Code of Federal Regulations. This Final Rule tells States and other regulated parties that they must ignore biological sex or face enforcement actions and the loss of federal education funding.” [emphasis added]

Louisiana’s superintendent of education, Dr. Cade Brumley, asked school districts in his state not to comply with these new rules. They could “set up “extensive bureaucracies to police free speech on campus.” Will more red states join Louisiana and Texas?

Attorney General Ken Paxton said in a press release that he will not allow the president to rewrite federal law “at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology. This attempt to subvert federal law is plainly illegal, undemocratic, and divorced from reality. Texas will always take the lead to oppose Biden’s extremist, destructive policies that put women at risk.”

The Obama administration previously issued a similar mandate as a “Dear Colleague” letter to government schools, “which had a detrimental impact on publicly funded education across the country, including in Texas.”

The Trump administration issued rules to protect the due process rights of students accused of sexual harassment on college campuses. The new regulations roll back these safeguards, which were created to “ensure that students accused of harassment have access to a fair hearing,” according to the press release. “At the same time, the Biden Administration redefines ‘harassment’ to include constitutionally protected activity, such as using biologically accurate pronouns.”

Photo credit: San Mateo (Creative Commons) – Some rights reserved

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