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Texas Judge Slaps Down Biden's Title IX Expansion for Transgender Students

AP Photo/Pat Eaton-Robb, File

President Joe Biden has increasingly caved to the far left of the Democrat Party to secure their vote this November. More specifically, he has caved to the radical LGBTQ wing of the party. The Biden administration seemingly has no problem with gutting the protections of Title IX, originally aimed at actual women, which prevents discrimination in schools and other education programs that receive government funding based on sex, and diluting it to include protections for transgender students. On Tuesday, a federal judge stalled an attempt by the Biden administration to do just that.

Back in April, The Department of Education announced a set of sweeping changes to Title IX, that included that included discrimination because of gender identity. These new rules were set to take effect on Aug. 1. After the April announcement, Texas Attorney General Ken Paxton sued the federal government over the new mandates. 

In Tuesday's ruling, U.S. District Judge Reed O'Connor sided with Paxton, ruling that the government:

“engaged in unlawful agency action taken in excess of their authority, all while failing to adhere to the appropriate notice and comments requirements when doing so.”

The Northern District of Texas has been a favored venue of Ken Paxton and other conservatives in the hopes that their cases would be assigned to Judge O'Connor, a George W. Bush appointee. Judge O'Connor has smacked similar rulings down before. In 2016, President Barack Obama tried a similar expansion when his administration gave direction that colleges and universities could not discriminate based on sex, a seemingly veiled attempt at protecting transgender students. The Obama administration appealed the ruling, but it was withdrawn when former President Donald Trump took office.

Judge O'Connor's Tuesday ruling addressed something the Biden administration is continually guilty of: overstepping its authority. He also stated in his ruling that the administration "did not allow correct time for comment," similar to a portion of his verdict in the Obama decision. In his ruling, O'Connor stated that the Biden expansion would "functionally rewrite" Title IX and “shockingly transforms American education and usurps a major question from Congress.” He added, “That is not how our democratic system functions." 

Paxton also issued a statement after the ruling that said, in part:

Joe Biden’s unlawful effort to weaponize Title IX for his extremist agenda has been stopped in its tracks. Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal. Texas has prevailed on behalf of the entire Nation.”

On the other side in the transgender rights debate, also on Tuesday, Florida Federal Judge Robert L. Hinkle of the U.S. District Court for the Northern District of Florida, Tallahassee Division, rejected portions of a Florida law that restricts the use of "gender-affirming care" for minors. Judge Hinkle declared several parts of the statute, including portions prohibiting the use of puberty blockers, hormone treatments, and surgeries, unconstitutional. 


Federal Judge Strikes Down Florida Law Banning Puberty Blockers, Hormone Treatments for Children


In his ruling, Judge Hinkle stated in part:

“Transgender opponents are of course free to hold their beliefs. But they are not free to discriminate against transgender individuals just for being transgender. In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished. To paraphrase a civil-rights advocate from an earlier time, the arc of the moral universe is long, but it bends toward justice.”

The majority of transgender athletes are competing in women's sports, and the results are astronomically destructive to women and girls as biological males are running away with records that, by all rights, should be going to actual females. Recent polls have shown that Americans are getting a bit weary of the transgender movement as a whole. One poll showed that among U.S. adults, 69 percent said they were opposed to biological men competing in women's sports. 

But as is usual in many cases, Joe Biden does not care what the majority of Americans think. As yet, there is no Biden administration rule governing the eligibility of transgender athletes specifically. However, in April 2023, the Department of Education put forth a policy that would prevent schools from enacting policies that would unilaterally ban transgender student-athletes from competing on teams that aligned with their gender identity.   

Thanks to the Biden administration, the erasure of American women's sports seems to be chugging along with no signs of stopping.


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