Another week, Texas legal victory over the Biden Administration’s radical social justice regulatory overreach.
Attorney General Ken Paxton announced today that a federal court has vacated the controversial Title IX guidance nationwide.
The ruling included a permanent injunction against its enforcement against Texas and its schools.
The Biden administration’s 1,500-page rewrite of Title IX added “gender identity” as a protected class and would force K-12 schools to allow boys into girls’ facilities and activities. Schools that refused were threatened with loss of federal education funds.
In response to the rewrite, Gov. Greg Abbott instructed the Texas Education Agency to ignore the new Title IX rule. He later directed all public universities to also ignore the rewrite.
Meanwhile, Paxton sued to stop enforcement of the new rule.
“Joe Biden’s unlawful effort to weaponize Title IX for his extremist agenda has been stopped in its tracks,” said Attorney General Paxton Tuesday. “Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal. Texas has prevailed on behalf of the entire Nation.”
According to the court order, “Rather than promote the equal opportunity, dignity, and respect that Title IX demands for both biological sexes, [the DOE’s] Guidance Documents do the opposite in an effort to advance an agenda wholly divorced from the text, structure, and contemporary context of Title IX. Not to mention, recipients of Title IX funding—including Texas schools—will face an impossible choice: revise policies in compliance with the Guidance Documents but in contravention of state law or face the loss of substantial funding.”
Not to mention being divorced from basic biological reality. If the cells in a person’s body contain XX chromosomes, that person is female. If those cells contain XY chromosomes, then that person is male. No amount of legislation or regulation will ever change that basic reality, no matter how hard the party insists that you must affirm that 2+2=5.
“Thus, to allow [the Biden Administration’s] unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress,” wrote U.S. District Judge Reed O’Connor. “That is not how our democratic system functions.”
There’s more meat worth quoting in the ruling.
Multiple Texas laws and school policies implicate the concept of sex in the educational context. The Texas Education Code prohibits school districts from allowing “a student to compete in an interscholastic athletic competition sponsored or authorized by the district or school that is designated for the biological sex opposite to the student’s biological sex.” TEX. EDUC. CODE § 33.0834. The Board of Trustees for independent school districts “have the exclusive power and duty to govern and oversee the management of the public schools of the district.” Id. § 11.151(b). Pursuant to that oversight power, Texas school districts promulgate additional policies on related issues that mirror § 33.0834. These school districts receive federal funds.
These additional district-specific policies take various forms. For example, some Texas school districts—such as Frisco ISD, Grapevine–Colleyville ISD, and Carroll ISD—mandate that schools within their respective districts maintain separate bathrooms, locker rooms, and showers based on biological sex. These school districts also prohibit the assignment of bathrooms, locker rooms, and showers based on subjective gender identity. Consistent with the biological reality of sex, Carroll ISD precludes district employees from “requir[ing] the use of pronouns that are inconsistent with a student’s or other person’s biological sex.
“The biological reality of sex” is precisely what the left has declared war on.
As part of the radical left’s war against Christianity and the nuclear family, the social justice-infected Democratic party has decided to make pandering to confused and mentally ill men a higher priority than protecting actual women. Despite how deeply unpopular this anti-reality position with the American public, conservatives were initially slow to take up the fight against it, either cowed by histrionic emotional arguments (“If you deny transexualism, you’re literally forcing them to kill themselves!”) or an inability to believe that the something so brazenly absurd is real and not some sort of elaborate joke. But when the Biden Administration tries to rewrite Title IX, a law written to protect women, by executive fiat to mean the exact opposite of the statutory language in order to protect men pretending to be woman at the expense of actual women, then we have to assume that they are very serious indeed.
Texas is fortunate to have a governor and attorney general who are not afraid to fight against the Biden Administration’s war on reality.
Tags: Democrats, Department of Education, education, Greg Abbott, Ken Paxton, Lawsuit, Reed O’Connor, Regulation, Social Justice Warriors, Sydnie Henry, Texas, Title IX, transexual
As someone once posted, from a young age I was prepared for a the world to be evil & cruel, but I was never prepared for it to also be this gay & stupid.
Attaboy Ken
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