Multiple lower courts have blocked the Biden Administration’s attempt to unilaterally rewrite the meaning of Title IX in favor of transexism via executive fiat, holding that it violates the clear intent and language of the original statute. However, the Biden Administration has constantly appealed those injunctions. Now the Supreme Court has weighed in, upholding the lower court injunctions.
The Supreme Court of the United States (SCOTUS) has rejected the Biden administration’s request to reinstate most of its new Title IX guidance.
With a 5 to 4 decision that saw Justice Neil Gorsuch joining the three liberal justices in dissent, the rule remains blocked while further litigation continues.
In April, the Biden administration and the U.S. Department of Education (DOE) issued the rule that includes changes to how federal civil rights law protects against “discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
Several states, including Louisiana and Tennessee, filed lawsuits against the DOE, arguing that the new Title IX guidance overstepped legal boundaries or conflicted with state laws.
In the litigation that preceded this SCOTUS issuance, the lower courts blocked the new rule from being enforced in some states, and the higher courts, the Courts of Appeal for the 5th and 6th Circuits, allowed that block to stay in place while the legal process continued.
The federal government then filed an emergency application with SCOTUS to stay the preliminary injunctions, pending resolution of the appeals in the 5th and 6th Circuits.
“The Court denies the Government’s applications,” states the majority SCOTUS opinion.
The leading opinion explains that the provisions of the DOE rule that include the new definition of “sex discrimination” to include “sexual orientation and gender identity” will remain blocked from implementation, but added that this part is too connected to the rest of the rule to allow other parts to go into effect.
The majority opinion states that “the Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule. Nor has the Government adequately identified which particular provisions, if any, are sufficiently independent of the enjoined definitional provision and thus might be able to remain in effect.”
For perverse ideological reasons, Democrats seems to have made exposing children to homosexuality and transexism a central tenet of their party, despite widespread opposition from American citizens in general and parents specifically. Fortunately, the Supreme Court has sided with the multiple states and school districts that have sued to stop this particular instance of woke madness, though the narrow 5-4 nature of the ruling is concerning.
Given that the same radical Obama retreads would also man a theoretical Harris Administration, expect Democrats to continue to push hard to impose their radical transexual agenda on America’s children.
Tags: Democrats, gay, Neil Gorsuch, Social Justice Warriors, Supreme Court, Title IX, transexual
In the penultimate paragraph that should be “tenet” rather than “tenant”.
Darned auto-correct.
Am I going to have to actually read this thing to find out what Gorsuch’s beef is?
Josh Blackmun delves into the complexity of this SCOTUS ruling at Reason’s ‘The Volokh Conspiracy’. Look for the post titled “Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined”.
It attempts to explain Justice Gorsuch’s rationale in joining the liberal dissenters:
“[Justice Gorsuch] rejects the notion that courts can “vacate” rules, in large part because of standing doctrine. To Justice Gorsuch, if a provision does not injure a person, it cannot be enjoined.”
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