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Overturn the Title IX Regulation, Save America! 

The U.S. Department of Education released its final Title IX regulation on April 19. Slated to go into effect on August 1, 2024, the controversial regulation changes the definition of sex to include “gender identity.” The policy is expected to have far-reaching, harmful effects on campus due process, free speech, gender transitioning of youth, parental rights, and women’s sports.

The Rule is so radical that it suggests the Department of Education has embarked on an ill-conceived campaign to rework schools, families, free speech, and due process, according to the Marxist vision.

Supreme Court:

• June 24: Supreme Court Takes up Challenge to Ban on Gender-Affirming Care
• June 28: Supreme Court overrules Chevon Doctrine that required courts to defer to the Executive Branch.

Title IX Lawsuits Against the Department of Education:

SUMMARY AS OF AUGUST 22:

• On August 16. the Supreme Court ruled on the appeal by the Department of Education, retaining the stay issued for the Louisiana and Tennessee lawsuits by a 5-4 vote.
  • The decision also reveals, “Every Member of the Court agrees respondents are entitled to interim relief as to three provisions of that Rule: 34 CFR §106.10 (2023) (defining sex discrimination), §106.31(a)(2) (prohibiting schools from preventing individuals from accessing certain sex-separated spaces consistent with their gender identity), and §106.2’s definition of hostile environment harassment.”
• The Biden Administration lost in 7 out of 8 district court decisions, and lost in 3 out of 3 appellate court decisions.
• The Title IX regulation has been blocked in:
  • The states of LA, MS, MT, ID, TN, KY, OH, IN, VA, WV, KS, AK, UT, WY, TX, AR, MO, OA, NE, ND, SD, AL, FL, GA, SC, and OK.
  • The thousands of schools in 45 states attended by children of Moms for Liberty members and by members of the Young America’s Foundation.

TIMELINE OF ACTIONS ON INDIVIDUAL LAWSUITS:

1. States of Louisiana, Mississippi, Montana, and Idaho, Louisiana Department of Education, Rapides Parish School Board, and 17 Louisiana School Districts

1. • • June 13: Judge Terry Doughty issued a temporary injunction against the Title IX regulation in the states of LA, MS, MT, and ID
     • July 17: The Fifth Circuit Court of Appeals denied the Department of Education’s request to stay Judge Doughty’s decision.
2. States of Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia, and the Christian Educators Association International and A.C.
   • June 17: Judge Danny Reeves issued a preliminary injunction for the states of TN, KY, OH, IN, VA, and WV.
   • July 17: The Sixth Circuit Court of Appeals denied the Department of Education’s request to stay Judge Reeve’s decision.
3. States of Kansas, Alaska, Utah, and Wyoming, Moms for Liberty, Young America’s Foundation, et al.
   • July 2: Judge John Broomes issued a preliminary injunction for the states of KS, AL, UT, and WY, and for the schools attended by children of Moms for Liberty and by members of the Young America’s Foundation. See listing of affected schools.
4. State of Texas and Two UT-Austin Professors
   • July 11: Judge Matthew Kacsmaryk issued an injunction for the state of Texas.
5. Carroll Independent School District (Texas)
   • July 11: Judge Reed O’Connor issued an order enjoining  implementation of the regulation in the Carroll Independent School District.
6. States of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota
   • July 24: Judge Rodney Sippel issued an injunction for these six states.
7. States of Alabama, Florida, Georgia, and South Carolina, and the Independent Women’s Law Center, Independent Women’s Network, Parents Defending Education, and Speech First
   • June 18: SAVE filed an amicus brief in support of the necessity of due process.
   • July 30: Judge Annemarie Carney Axon denied the request for a preliminary injunction.
   • August 22: The Eleventh Circuit Court granted an injunction against the regulation, reversing the decision of Judge Axon.
8. State of Oklahoma
   • July 31: Judge Jodi Dishman issued a preliminary injunction for Oklahoma.
9. Oklahoma Department of Education — decision still pending.
10. Washington Parents Network — decision still pending.

Congressional Review Act: 

• Senate: S. J. Res 96
• House: H.J. Resolution 165

Title IX Lawsuit Against the Dept. of Health and Human Services:

The DHHS issued a Rule that would require states to pay for gender-transition interventions, based on a definition of sex that includes “gender identity.”

• On July 3, Judge Jeremy Kernodle issued a preliminary injunction against the Rule for Texas and Montana.
• On July 3, in response to a complaint from the States of TN, MS, AL, GA, IN, KS, KY, LA, NE, OH, OK, SC, SD, VA, and WV,  Judge Louis Guirola issued a nationwide preliminary injunction against the DHHS Rule.

Commentaries:

• Victory and Hope as Multiple Courts Rule Against Biden

• Biden’s new Title IX rules prove it’s time for the DOE to be DOA

• Biden’s new Title IX revisions are a repulsive attempt to erase biological truth

• Dillon PLLC’s Guide to the 2024 Title IX Regulations

Press Releases:

• July 29: Schools Urged to Delay Implementation of Title IX Rule Until Legal Challenges are Resolved 
• July 24: Continued String of Legal Victories Over Deceptive Title IX Rule
• July 15: Federal Judges Sound the Death Knell on Joe Biden’s ‘Gender Identity’ Experiment
• June 17: Federal Judge Blocks Sweeping Title IX Regulation in Four States, Stunning LGBTQ Advocates
• June 12: SAVE Stands in Support of Resolution 165 That Seeks to Block the New Title IX Regulation
• May 16: 52 Organizations Call on Speaker Mike Johnson to Establish House Task Force to End Weaponization of the Department of Education
• May 6: ‘Naked attempt to strong-arm our schools:’ Five Lawsuits Seek to Block Sweeping Title IX Rule
• April 29: ‘DO NOT COMPLY. FIGHT.’ Americans Revolt Against New Title IX Rule
• April 22: Release of Controversial Title IX Regulation Revives Calls to Abolish Dept. of Education

Abolish or Overhaul?

The abolition or overhaul of the Department of Education must be high on the list of priorities for Congress. Three current and former presidential candidates have called for the abolition of  the Department of Education:

1. Donald Trump: “We’re going to end education coming out of Washington, DC. We’re going to close it up – all those buildings all over the place and people that in many cases hate our children. We’re going to send it all back to the states.”
2. Ron DeSantis: In response to the question, Are you in favor of eliminating any agencies: “We would do education, commerce, energy, and the IRS….With the Department of Education, we reverse all  the transgender sports stuff. Women’s sports should be protected.”
3. Vivek Ramaswamy: “I would shut down the U.S. Department of Education…Do I favor 6-year-olds being educated on sexuality and gender ideology? No, I don’t.”

Others:

• “I personally think the Department of Education should not exist.” – Former DOE Secretary Betsy DeVos.
• “The Department of Education shall terminate on December 31, 2023.” — H.R. 899, introduced by Rep. Thomas Massie

ROADMAP FOR REFORM

Heritage Foundation proposal for the reorganization or abolition of the Education Department:

• Make block-grants for selected functions to the states
• Transfer selected functions to the Departments of the Treasury, Dept. of Justice, etc.
• Discontinue the other functions

STATE LAWMAKERS

The following state lawmakers are calling for the abolition of the U.S. Department of Education:

1. Sen. Shelley Hughes (AK-M)
2. Rep. Susan DuBose (AL-45)
3. Rep. Michael Ramone (DE-21)
4. Rep. Joe Alfieri (ID-4A)
5. Rep. Jacyn Gallagher (ID-9)
6. Sen. Tammy Nichols (ID-10)
7. Senator Brian Lenney (ID-13)
8. Rep. Tina Lambert (ID-23)
9. Rep. Jeff Shipley (IA-87)
10. Rep. Luana Stoltenberg (IA-81)
11. Rep. Doug Blex (KS-12)
12. Rep. Sandy Pickert (KS-88)
13. Rep. Bill Rhiley (KS-80)
14. Rep. Brett Fairchild (KS-113)
15. Rep. Kathy Edmonston (LA-88)
16. Sen. Nathan Wesenberg (MN-10)
17. Rep. Mazzie Boyd (MO-2)
18. Rep. Justin Sparks (MO-10)
19. Rep. Jeff Coleman (MO-32)
20. Rep. Chris Sander (MO-33)
21. Rep. Lori VanWinkle (ND-3)
22. Sen. Daniel E. Innis PhD (NH Senate-7)
23. Rep. John Sellers (NH-Grafton-18)
24. Rep. Tom Mannion (NH-Hillsborough-1)
25. Rep. Sandra Panek (NH-Hillsborough-1)
26. Rep. Jeffrey Tenczar (NH-Hillsborough-1)
27. Rep. Stephen Kennedy (NH-Hillsborough-13)
28. Rep. Diane Kelley (NH – Hillsborough-32)
29. Rep. Tony Lekas (NH-Hillsborough-38)
30. Rep. Travis Corcoran (NH-Hillsborough-44)
31. Rep. David Love (NH-Rockingham-13)
32. Rep. Terry Roy (NH-Rockingham-31)
33. Rep. Mark A. Pearson (NH-Rockingham-34)
34. Rep. Michael Granger (NH-Strafford-2)
35. Rep. Michael Harrington (NH-Strafford-18)
36. Rep. Walter Stapleton (NH-Sullivan-6)
37. Rep. Alan Martinez (NM-23)
38. Rep. Matt Heilman (ND-7)
39. Rep. Kelby Timmons (ND-26)
40. Sen. Keith Boehm (ND-33)
41. Rep. Jim Kasper (ND-46)
42. Rep. Ari Brown (NY-20)
43. Sen. Art Robinson (OR-2)
44. Rep. Thomas Beach (SC-10)
45. Rep. Josiah Magnuson (SC-38)
46. Rep. David L. O’Neal (SC-66)
47. Rep. Jay Kilmartin (SC-85)
48. Rep. Matt W. Leber (SC-116)
49. Sen. Julie Frye-Mueller (SD-30)
50. Rep. Phil Jensen (SD-33)
51. Rep. Tony Randolph (SD-35)
52. Rep. Monty Fritts (TN-32)
53. Rep. Richard Hayes (TX-57)
54. Rep. Quinn Kotter (UT-26)
55. Del. Dave LaRock (VA-33)
56. Rep. Ty Bodden (WI-59)
57. Del. Charles R. Sheedy (WV-7)
58. Del. Eric Brooks (WV-45)
59. Del. William Ridenour (WV-100)