WASHINGTON / August 28, 2024 – On April 19, the U.S. Department of Education issued its long-awaited Title IX regulation (1). Media accounts have generally classified supporters of the rule as “liberal,” while opponents of the policy categorized as “conservative.” (2) But subsequent judicial rulings have cast doubt on this convenient stereotype.
Over the last three months, 10 lawsuits have been filed against the controversial policy. In response, circuit courts, appellate courts, and the Supreme Court have handed down a total of 12 decisions. Eleven out of the 12 opinions have imposed a temporary injunction on the rule. (3)
One of the most unexpected aspects of the decisions is the fact that many judges appointed by Democratic lawmakers have been highly critical of the policy. This fact is revealed in two decisions: the August 16 ruling by the U.S. Supreme Court, three of whose members were named by Democratic presidents; and the July 24 decision by Circuit Court Judge Rodney Sippel, nominated by President Bill Clinton in 1997:
Supreme Court: In their August 16 decision, Justice Sotomayor, with the concurrence of Justices Kagan and Jackson (along with Justice Gorsuch, nominated by a Republican president) authored this stunning rebuke of the Department of Education document (4):
“Every Member of the Court agrees respondents are entitled to interim relief as to three provisions of that Rule: 34 CFR §106.10 (2023) (defining sex discrimination), §106.31(a)(2) (prohibiting schools from preventing individuals from accessing certain sex-separated spaces consistent with their gender identity), and §106.2’s definition of hostile environment harassment.”
Their statement expressed a categorical disapproval of the new regulation’s plan to:
1. Redefine sex to include “gender identity.”
2. Allow transgender students to use bathrooms and locker rooms designated for members of the opposite sex.
3. Create a new definition of “hostile environment harassment” which would have the effect of chilling free speech and negating Supreme Court precedent.
Circuit Court Judge Sippel: On May 7, the states of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota filed their complaint against the Department of Education (5). Eleven weeks later, Judge Rodney Sippel of the Eastern District of Missouri issued his opinion. His 56-page decision expressed concerns about the same three issues enumerated by the Supreme Court, but went far beyond that. The Sippel ruling also expressed doubts about:
- Irreparable Injury: “The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”
- Overly Broad Scope: “Damages are not available for simple acts of teasing and name-calling among school children, however, even where these comments target differences in gender.”
- Spending Clause: “Since Title IX was enacted pursuant to Congress’s authority under the Spending Clause of the Constitution…the Supreme Court ‘insists that Congress speak with a clear voice’ when imposing conditions on the receipt of federal funds,”
- Statutory Authority: Judge Sippel rebuked the Department of Education for exceeding its “statutory authority” a total of 10 times in his decision.
- Arbitrary and Capricious: The Judge repeatedly criticized the Title IX regulation for being “arbitrary and capricious.”
At the end, Democratic-appointed Judge Sippel penned this stunning conclusion: “After due consideration of all the foregoing authorities in light of the aforementioned differences between the two statutes, Bostock’s express disavowal to bathrooms or locker rooms or other statutory schemes, and in the absence of controlling authority, the Court concludes that plaintiffs have met their preliminary burden of demonstrating a fair chance of prevailing on their argument that Bostock should not apply to Title IX, and that the Department exceeded its statutory authority and/or acted contrary to law in redefining ‘on the basis of sex’ for purposes of Title IX.”
Following the 12 decisions, the Title IX policy has been frozen in the 26 states of LA, MS, MT, ID, TN, KY, OH, IN, VA, WV, KS, AK, UT, WY, TX, AR, MO, OA, NE, ND, SD, AL, FL, GA, SC, and OK, as well as in thousands of schools in 45 states attended by children of Moms for Liberty members and by members of the Young America’s Foundation (6).
Given the bipartisan legal and public (7) opposition to the Title IX regulation, and given its high implementation costs, governors and school superintendents in the remaining 24 states should consider instructing their schools to not implement the moribund Title IX regulation.
Reprinted with permission from SAVE Services.
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
Best thing Trump could do is eliminate the Dept of Education, a bunch of Marxist Democrats, and let states handle this issue themselves. Put it on the ballot the way Democracy -majority rule is supposed to work.
Americans do NOT want unelected shameless Marxists make decisions about our children
Americans can then vote on these issues in their own states, and vote out Pro Transgender politicians and other Marxist radicals
The only mandate the Dept. of Ed. should have is to make sure school teach the way they should and prepare the students for the next step. All else is not their business , to meddle in the lives of families is not their business unless there is an evidence of abuse Children are not their property . They are conducting a monstrous experiment for that all it is, that would make even Mengele envious. Where is the court in Hague on that one, that likes to get involved sometimes in some cases. It depends who on who is committing a crime I guess and what kind.
We had private schools, home schooling, and church schools over forty years ago, so we didn’t send our children to public school . We sent our children on the church bus to a school an hour away, and then we decided to move there, and attend that church. They got a much better education, and they were exposed to better company. It’s worth what ever it takes to keep them out of public school.
The Department of Education is unconstitutional: it should be defunded, shut down and all the employees fired – off the taxpayer payroll
Are judges finally not seeing dollar signs but rule for the laws that were written? Finally. Judges should not be politicized. Judges should be appointed according to their knowledge of the law. Not because they were nominated by dems or reps presidents. But the MSM even this article has to put appointed by after a judges name. If they would stop doing this and just report the decision you would eliminate a lot of division in this country. And and that is a big AND it would eliminate a lot of lawsuits and counter lawsuits. This past 4 years ole Joe had more lawsuits going than plans for the country. If he didn’t like the ruling he tried again or totally ignored it and went on doing it anyway. And this is still going on. The corruption of our legal system that rules pro dems pro criminal and against reps and victims. All to get us to bend to their will. TRUMP/VANCE in 2024. To get our constitutional rights back.
Good opinion to not implement this Title IX regulation in the remaining 24 states. Praise for the SAVE Services organization. for presenting this information in a manner that helps to develop a clear understanding of the issue.
Yeah, dem judges will be highly critical until their granddaughter gets her clock cleaned by a “transwoman” in a soccer or volleyball game. Injuries have already been serious to some real women by these so-called “fake women.”
Does anyone know what the thousands of government workers in the Dept. of Education do? It is a mystery. They have destroyed our education system. The public schools were much better in the 1950s, 1960s, 1970s what on earth happened. Get rid of the Dept. of NO Education!
The Department of Education has to be shut down and education needs to be sent back to the states, in fact it would even be better controlled by counties. The more local, the better. Decentralize the whole damn thing except the military.
We are SOOOO Thankful for Judges who actually KNOW and CARE what their JOB IS for America’s People, and take it very seriously. I hope they DID consider their own grandchildren’s future should these stupid ‘new rules’ become established law. I feel so sorry for those last 24 states that DIDN’T FIGHT THIS AWFUL DOE planned attack on our children at their schools! How WEIRD is THIS!? Talk about weird…THIS is IT!
The socialists now want, 1. Redefine sex to include “gender identity.”
2. Allow transgender students to use bathrooms and locker rooms designated for members of the opposite sex.
3. Create a new definition of “hostile environment harassment” which would have the effect of chilling free speech and negating Supreme Court precedent.
Whats next??
I knew a girl in 4th grade who was way better at sports then most boys (including me!). Little League 10-12 years old have girls playing a variety of positions and playing well, some like Mone’ Davis, stand outs! But puberty hits boys and girls different and no “gender affirming care” can change that. If that were true, where are the trans girls trying to play men’s sports? Let the girls play THEIR sports… and have their PRIVACY afterwards!
No need to implement anything. I guess they just plan on turning all the boys in the fake girls. And then they’ll be only one space they need to provide
Michigan has a democrat dictatorship and is home to the largest muslim/Arab population in the US. Betcha Witchmer is having an anxiety attack over the fact she will not be able to implement the woke new Title IX rulings her party favors in Wayne county.
Those who oppose do not belong on the bench. Fed up with the lack of loyalty and traitor like personalities of the so called adults of today. They are without character values.. They study Law and Rules. Follow what you learned..
Reality, this is good old fashioned common sense.
I am certainly glad I do not have children in school any longer, but I worry for the safety of my granddaughters who may be subjected to males in their locker rooms or bathrooms. I am afraid some young men may say they “identify” as females just so they can be in those spaces with the girls. I am not against transgender people at all, but there needs to be some sense of safety for young women. That to me outweighs the arguments for males in what should be a safe place for females. Lets get some common sense back into this world for a change. Would you put the male coach into the girl’s locker room? I would think not. If I had a daughter in this situation, I would pull them out of the school that allows this.
There are only 2 sexes male and female. The persons who claim to be others are sadly grasping straws full of weeds.
Women should be banned. Only transgenders deserve recognition. Take that, feminists.
D’Accord!
Whole Justice system rigged unusable
Vigilante time