U.S. District judge bars Biden administration from abusing Title IX

A federal judge based in Louisiana issued a preliminary injunction on Thursday allowing colleges in four states to ignore a pro-LGBTQ order from the Biden administration. The ruling from U.S. District Judge Terry Doughty will free schools in Louisiana, Mississippi, Montana, and Idaho from legal obligation to offer LGBTQ students the same protections against discrimination that were established for women in the landmark 1972 law.

What's the background for this? In April, President Joe Biden’s new interpretation of Title IX declared that the sex discrimination mentioned in the original law included discrimination against gender identity and sexual orientation. Several states challenged the rule, concerned that schools would be required to let students use whatever bathrooms and locker rooms they wished to, regardless of the students’ biological sexes.

Didn't another judge make a similar decision? A federal judge in Texas issued a similar order on Tuesday to keep Title IX as it is written to protect women. Threatening to withhold education funding for not accepting policies that put women in danger was plainly illegal, Texas Attorney General Ken Paxton said of the ruling.

What was Doughty’s argument for the injunction? When Title IX regulations were written in 1972, sex discrimination included only biological males or females, Doughty noted. Gender and sexual orientation were not included in the law’s original intent and, therefore, did not apply, he concluded.

At the end of his ruling, Doughty implied that the Biden administration had abused its powers through the orders it implemented. He wrote that the Supreme Court has vacated numerous executive rules from federal executive branch agencies. The legislative and judicial branches can stop the abuse of power by the executive branch.

What’s the public response? Doughty’s decision is a big win for women’s rights, Montana Attorney General Austin Knudsen said in a statement. Biden overstepped his authority and put women at risk when he issued this rule, he added. States are rejecting Biden’s radical gender ideology and protecting the safety and prosperity of women and girls, Louisiana Attorney General Liz Murrill said. Every student deserves to be protected from bullying, misgendering, and abuse, said Human Rights Campaign President Kelley Robinson. She said that her organization would continue working to protect all students legally.

Dig deeper: Read Lauren Dunn’s report for more details on Biden’s re-interpretation of Title IX.