Judge's Gavel Court

Appeals Court Favors Florida, Alabama, Georgia, And South Carolina Blocking Biden Title XI Rule

Judge's Gavel Court
Judge’s Gavel. TFP File Photo

An appeals court, in a 2-1 decision, has temporarily blocked a new federal rule against sex-based discrimination in education. This decision favors Florida and three other Republican-led states, Alabama, Georgia and South Carolina, who oppose the rule due to its inclusion of gender identity under Title IX protections. The injunction will remain in place while the court further reviews the case.

The controversial rule, issued by the U.S. Department of Education in April, has drawn significant opposition from Republican states as it extends Title IX regulations to include discrimination based on gender identity.

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The states involved in the lawsuit argue that this rule could potentially force them to allow transgender students to use bathrooms that do not correspond with their sex assigned at birth. They also claim that the federal government overstepped its authority in issuing this rule.

A lower court had previously rejected the states’ request for a preliminary injunction against the rule. However, the appeals court panel disagreed with this conclusion, citing a previous ruling that defined “sex” in Title IX as “biological sex” and not “gender identity.”

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While the majority of the panel supported the injunction, one judge dissented, stating that the plaintiffs failed to demonstrate any “irreparable injury” caused by the new rule. The lawsuit is ongoing, and the ultimate fate of the rule remains uncertain.

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