A federal court in Kansas has issued a ruling that temporarily halts the Biden administration’s controversial changes to Title IX, the federal law prohibiting discrimination based on sex in education programs.
This decision is a significant win for Moms for Liberty, Young America’s Foundation, and a coalition of states, students, and interest groups that challenged the Department of Education’s proposed redefinition of “sex” under Title IX.
The plaintiffs, which include Moms for Liberty, Young America’s Foundation, and the states of Kansas, Wyoming, Utah, and Alaska, argued that the Biden administration’s Title IX revisions would have devastating consequences for the free speech rights of students, teachers, and parents.
Read: Moms For Liberty Sues Biden Admin To Stop Title IX Rule Changes
The court agreed, ruling that the new rule was so vague that it would force individuals to self-censor their views rather than risk punishment.
“Given the evidence before the court, it is not hard to imagine that, under the Final Rule, an industrious older teenage boy may simply claim to identify as a female to gain access to the girls’ showers, dressing rooms, or locker rooms so that he can observe his female peers disrobe and shower,” U.S. District Court Judge John W. Broomes wrote.
“One of the principal purposes of the statute was to root out discrimination against women in education,” he stated. “The legislative history shows that Congress was concerned about the unequal treatment between men and women for admissions opportunities, scholarships, and sports,” Broomes wrote.
Attorney , Plaintiff Reaction:
“Gender ideology does not belong in public schools and we are glad the courts made the correct call to support parental rights. We will always stand up for the rights of parents and the protection of children. All parents must have their voices heard and their right to raise their own children is part of the very fabric of a free America. The federal government has no right to claim our children as their own or to push parents out of the classroom,” said Liberty Co-Founders Tiffany Justice and Tina Descovich in a statement.
Kimberly Hermann, the Executive Director of Southeastern Legal Foundation, which represented the plaintiffs, hailed the ruling as a “huge win for individual liberty, equality, and parental rights.” She emphasized that the court recognized the fundamental right of parents and students to express their beliefs without fear of government interference.
Similarly, James Kerwin, the attorney for Mountain States Legal Foundation, another organization involved in the lawsuit, praised the decision as a “big win for the free speech rights of students, teachers, and parents.” He argued that the Biden administration’s Title IX rewrite would have forced millions of Americans to “play along with anti-scientific concepts of gender ideology, no matter how much they might disagree.”
Attorney for Mountain States Legal Foundation James Kerwin said, ”Today’s decision is a big win for the free speech rights of students, teachers, and parents. The Biden administration’s Title IX re-write would have required millions of Americans in the states of Kansas, Alaska, Utah and Wyoming to play along with anti-scientific concepts of gender ideology, no matter how much they might disagree. We will continue the fight to protect Americans’ freedom to speak their own minds, free from government interference, not to mention common sense.”
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