Month: July 2024

Schools Urged to Delay Implementation of Title IX Rule Until Legal Challenges are Resolved

Post author By Edward Bartlett
Post date July 28, 2024

PRESS RELEASE

Robert Thompson: 301-801-0608

Schools Urged to Delay Implementation of Title IX Rule Until Legal Challenges are Resolved

WASHINGTON / July 29, 2024 – The Department of Education issued its long-awaited Title IX rule on April 19, with an effective date of August 1. (1) The regulation was immediately challenged by numerous groups. Given that the lawsuits and other challenges will not be resolved by August 1, SAVE urges all schools receiving federal assistance to defer implementation of the sweeping policy.

Following is a summary of the lawsuits against the Title IX regulation:

Litigation: To date, 10 lawsuits have been filed by state Attorneys General and other groups. In six of those complaints, judges have issued decisions. In every case, the judge imposed a temporary injunction on the rule, citing the “arbitrary and capricious” nature of the regulation. Currently, bans on the regulation are in place in 21 states: LA, MS, MT, ID, TN, KY, OH, IN, VA, WV, KS, AK, UT, WY, TX. AR, MO, IA, NE, ND, and SD (2).

Appellate Decisions: Earlier this month, the Court of Appeals for both the Fifth Circuit (3) and the Sixth Circuit (4) denied appeals of the Department of Education to stay the decisions of the trial courts.

Nationwide Injunction: In his July 11 ruling for Texas, Judge Matthew Kacsmaryk noted he is considering extending his injunction to cover all 50 states in the nation (5).

Other state-level efforts are underway to overturn the regulation:

Candidate Opposition: Over 100 state political candidates around the country have signed a pledge to oppose the changes contemplated under the new Title IX regulation (6).

Statutes: To date, numerous states have enacted legislation that contradict key provisions of the Title IX regulation (7). For example, 13 states have passed laws designed to assure due process on college campuses (8).

Directives: Numerous governors and state superintendents of education have instructed their schools to disregard the rule (9).

Other efforts to eliminate the Title IX regulation include:

Title IX Network: A coalition of 232 organizations has been working for two years to oppose the regulation at the local, state, and national levels (10).

Congressional Review Act: Resolutions to block the regulation have been introduced in both the U.S. Senate (11) and House (12). On July 11, the Resolution passed in the House of Representatives.

New Presidential Administration: On January 20, 2025 a new person will be sworn in as the 46^th president of the United States. Donald Trump is currently leading Kamala Harris in the Electoral College, 312 to 226. (13) If elected, Trump has promised that “on day one,” he will terminate the Biden mandate (14).

Never before in history has the Judicial Branch, Legislative Branch, and the American public coalesced in such a coordinated and sustained manner to oppose a controversial federal regulation. Schools that receive federal education monies are urged to postpone all implementation of the regulation until the legal issues are resolved.

If the Department of Education attempts to enforce the new policy, the affected school or individual should seek an injunction which, based on the many judicial decisions issued to date, likely would be granted. Schools should not waste resources on the futility of implementing a deeply unpopular Title IX regulation.

Links:

Uncategorized

Continued String of Legal Victories Over Deceptive Title IX Rule

Post author By Edward Bartlett
Post date July 23, 2024

PRESS RELEASE

Robert D. Thompson: 301-801-0608

Email: info@saveservices.org

Continued String of Legal Victories Over Deceptive Title IX Rule

WASHINGTON / July 24, 2024 – On April 19 of this year, the Biden Department of Education issued its final Title IX rule that expanded the meaning of sex to include “gender identity.” (1) While the new regulation promised to bring new protections to LGBTQ students, in fact it infringed on parental rights, eviscerated fairness from female athletics, violated Congressional prerogatives, and sidelined constitutional due process guarantees.

Literally within days, state Attorneys General and others began to file lawsuits seeking to overturn the policy (2). To date, 10 lawsuits have been filed, including a complaint filed just last week by the Washington Parents Network. (3)

Thus far, judges have issued rulings on five cases. Remarkably, every one of decisions imposed a temporary injunction for their respective states on the “arbitrary and capricious” Title IX rule:

June 13: Judge Terry Doughty for the states of Louisiana, Mississippi, Montana, and Idaho (4).

June 17: Judge Danny Reeves for Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia (5).

July 2: Judge John Broomes for Kansas, Alabama, Utah, and Wyoming, plus all schools attended by the children of Moms for Liberty and by members of the Young America’s Foundation (6). A listing of the affected schools is available online. (7)

July 11: Judge Matthew Kacsmaryk for the state of Texas. In addition, the judge noted he is considering extending his injunction to all 50 states in the nation (8).

July 11: Judge Reed O’Connor for the Carroll Independent School District in Texas (9).

For two of these decisions, the Department of Education filed an appeal. In both cases, the appellate courts promptly denied the request:

July 17: District Court of Appeals for the 6th Circuit (10)

July 17: District Court of Appeals for the 5th Circuit. (11)

Seldom in American jurisprudence have a series of federal courts acted so swiftly and so decisively to overturn a new Executive Branch regulation.

With the August 1, 2024, deadline fast approaching before the Biden administration’s new Title IX Final Rule takes effect, additional court decisions are expected to be issued soon.

As these lawsuits continue to be litigated, the 232 organizational members of the Title IX Network will continue to monitor the situation and take appropriate action (12). Interested organizations that wish to join the Title IX Network should contact Robert D. Thompson at rthompson@saveservices.org

Links:

1. https://www.federalregister.gov/documents/2024/04/29/2024-07915/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal

2. https://www.saveservices.org/2022-policy/abolish-doe/

3. https://www.thecentersquare.com/national/article_d2da031a-4478-11ef-a057-b37267c1631f.html

4. https://storage.courtlistener.com/recap/gov.uscourts.lawd.205659/gov.uscourts.lawd.205659.53.0.pdf

5. https://storage.courtlistener.com/recap/gov.uscourts.kyed.104801/gov.uscourts.kyed.104801.100.0.pdf

6. https://www.bloomberglaw.com/public/desktop/document/KansasStateofetalvUnitedStatesDepartmentofEducationetalDocketNo52?doc_id=X7VSH1UVO6B9K1AAI088P6TS9IF

7 https://www.scag.gov/media/pskl4phx/ks-v-u-s-dept-of-education-list-of-schools-enjoined.pdf

8. https://www.newsweek.com/transgender-policy-texas-schools-donald-trump-kacsmaryk-title-ix-1924387

9. https://storage.courtlistener.com/recap/gov.uscourts.txnd.390056/gov.uscourts.txnd.390056.43.0.pdf

10. https://apnews.com/article/title-ix-education-department-901ae90e0e09fd048473c228b9cc797d?utm_source=Email&utm_medium=share

11. https://storage.courtlistener.com/recap/gov.uscourts.ca5.219883/gov.uscourts.ca5.219883.73.1.pdf

12. https://www.saveservices.org/2022-Policy/

Department of Education Due Process Gender Identity Office for Civil Rights Title IX

Federal Judges Sound the Death Knell on Joe Biden’s ‘Gender Identity’ Experiment

Post author By Edward Bartlett
Post date July 13, 2024

PRESS RELEASE

Robert Thompson: 301-801-0608

Email: info@saveservices.org

Federal Judges Sound the Death Knell on Joe Biden’s ‘Gender Identity’ Experiment

WASHINGTON / July 15, 2024 – Over 50 years ago, Marxist Shulamith Firestone laid out her grand vision for gender equality: “genital differences between human beings would no longer matter culturally…The tyranny of the biological family would be broken.” (1) As far-fetched as her proposal might sound, activists around the world began to take up the challenge, concocting their theory of “transgenderism.”

Accordingly on his first day in office, President Biden issued an Executive Order that decreed, “All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.” (2) On April 19 of this year, the Biden Department of Education issued its final Title IX rule that expanded the meaning of sex to include “gender identity.” (3)

Response to the new policy was resoundingly negative. Numerous governors and state superintendents of education instructed their schools to ignore the rule (4). One editorial ridiculed the policy as a “repulsive attempt to erase biological truth.” (5)

Literally within days, state Attorneys General and others began to file nine lawsuits seeking to overturn the policy (6). To date, five decisions have been handed down. Remarkably, every one of decisions imposed a temporary injunction for their respective states on the “arbitrary and capricious” Title IX rule:

June 13: Judge Terry Doughty for the states of Louisiana, Mississippi, Montana, and Idaho (7).
June 17: Judge Danny Reeves for Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia (8).
July 2: Judge John Broomes for Kansas, Alabama, Utah, and Wyoming, plus all schools attended by the children of Moms for Liberty and by members of the Young America’s Foundation (9).
July 11: Judge Matthew Kacsmaryk for the state of Texas. In addition, the judge noted that he is considering extending his injunction to all 50 states in the nation (10).
July 11: Judge Reed O’Connor for the Carroll Independent School District in Texas (11).

In parallel fashion, the Department of Health and Human Services issued a separate regulation in May requiring states to pay for so-called “gender affirming” treatments (12). This rule, which also relies on a bloated definition of sex to include gender identity, was met with several lawsuits as well.

On July 3, two federal judges issued injunctions against the DHHS rule. The first applied to Texas and Montana (13). More devastating to the Washington bureaucrats, the second decision blocked the DHHS rule throughout the entire nation (14).

Topping off this remarkable string of decisions, on June 28 the United States Supreme Court issued a ruling that overturned the long-standing Chevron doctrine (15). In the past, the Chevron doctrine provided a legal fig leaf to the Department of Education and other federal agencies seeking to escape accountability and issue intrusive regulations.

Seldom in American jurisprudence have judges issued a series of decisions within a period of just four weeks, all with the intended effect of blocking the implementation of ill-conceived and unlawful federal regulations.

As these lawsuits continue to be litigated, the 229 organizational members of the Title IX Network will continue to monitor the situation and take appropriate action (16). Interested organizations that wish to join the Title IX Network should contact Robert Thompson at rthompson@saveservices.org

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