Attorney General Gentner Drummond praised a recent ruling by the U.S. District Court for the Western District of Oklahoma, which blocks the Biden Administration’s controversial new Title IX rule. The rule sought to elevate gender identity over the established protections for male and female students under Title IX.
Drummond had filed a lawsuit in May requesting a preliminary injunction against the rule. U.S. District Judge Jodi W. Dishman granted the injunction in full, preventing the new Title IX rule from taking effect in Oklahoma. Judge Dishman ruled that Oklahoma was likely to succeed in proving that the Biden Administration’s rule “exceeds statutory authority, violates the Constitution, and is arbitrary and capricious.”
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“This well-reasoned ruling helps protect both female and male students from invasions of privacy and unnecessary harm,” Drummond said. “Our students deserve the protections that have long been provided by Title IX.”
Judge Dishman found that the new rule contradicted Title IX’s clear purpose.
“The Final Rule elevates gender identity and its accompanying protections above that of biological sex,” Judge Dishman wrote. “Such a contradiction of Title IX’s text and an erosion of its purpose cannot be permitted absent congressional action.”
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Judge Dishman noted that the Final Rule was “inexplicably logically inconsistent with several provisions of Title IX.” She highlighted that under the new rule, a biological male identifying as female would be required to sleep in the boys’ dorm but allowed to use the girls’ locker room. “This approach undercuts Title IX’s purpose, epitomizes a clear error in judgment, and entirely fails to consider important aspects of the problem the Department sought to resolve,” she concluded.
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