29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

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Rebecca Hain: 513-479-3335

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

WASHINGTON / January 18, 2023 – The Biden Administration has issued several policy documents that are designed to promote the so-called “gender agenda” (1). In particular, on June 23, 2022 the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” limit free speech, and hobble due process protections (2).

In response, over 200 organizations (3), numerous state Attorneys General (4), and dozens of federal and state lawmakers (4) have spoken out in strong opposition to the draft regulation.

Since June 23, 2022, seven judicial decisions have been issued that thwart the Biden Administration’s attempts to expand the definition of “sex,” curtail free speech, and promote gender transitioning:

State of Tennessee v. Department of Education, July 15, 2022: In response to a lawsuit by the Attorneys General of 20 states, the District Court for the Eastern District of Tennessee granted a Preliminary Injunction against the Department of Education, blocking the DOE from implementing Biden’s Executive Order No. 13988, “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” (5)
Franciscan Alliance and Christian Medical and Dental Society v. Becerra, August 26, 2022: The Fifth Circuit Court of Appeals, located in New Orleans, unanimously ruled that doctors must be free to practice medicine without compulsion to perform gender-transition procedures. (6)
Speech First v. Alexander Cartwright, September 23, 2022: The District Court for the Middle District of Florida ruled against the University of Central Florida for three campus policies that served to suppress student speech. (7)
Neese v. Bercerra, October 14, 2022: The Northern District of Texas Court ruled that Section 1557 of the Affordable Care Act and Title IX do not prohibit discrimination based on sexual orientation or gender identity. The court set aside the contrary enforcement position taken by the Department of Health and Human Services. (8)
Religious Sisters of Mercy et al v. Becerra, December 9, 2022: The Eighth Circuit Court in North Dakota overturned a rule under the Affordable Care Act, Section 1557, that would require “gender-transition procedures” be covered by health insurance plans. (9)
Adams v. School Board of St. Johns County, December 30, 2022: The U.S. Court of Appeals for the Eleventh Circuit reversed the decision of the District Court, and upheld the policy of the St. Johns County School District in Florida, which denied transgender students access to the bathrooms consistent with their gender identity. (10)
B.P.J. et al v. West Virginia State Board of Education, January 5, 2023: The Southern District Court of West Virginia ruled in favor of the “Save Women’s Sports Bill,” which defines “girl” and “woman” as biologically female for the purpose of secondary school sports. (11)

Since June 23, 2022, wrongfully accused students also have triumphed in 22 due process lawsuits against the following universities: University of California, University of Idaho Law School, Dartmouth College, Dordt University, SUNY-Purchase, Brown University (two lawsuits), Purdue University, Massachusetts Institute of Technology, University of Arizona, University of Southern Florida, Western Michigan University, Prairie View A & M University, UC-Davis, Marshall University, University of Chicago, University of Connecticut, Emory University, Texas Christian University, Stonehill College, University of Wisconsin-Madison, and Siena College. (12)

SAVE urges Congress to take necessary actions to discourage attempts by the Executive Branch to advance the gender agenda.

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