A federal judge has blocked President Joe Biden’s pro-transgender rewrite of the federal government’s Title IX regulations against sexual discrimination.
“Joe Biden’s unlawful effort to weaponize Title IX for his extremist agenda has been stopped in its tracks,” said a statement from Ken Paxton, Texas’ Attorney General. “Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal,” said Paxton, who filed the lawsuit.
“Nothing in the [federal law] prohibits discrimination based on gender identity,” U.S. District Judge Reed O’Connor declared Tuesday, in a decision that only protects Texans. The judge added:
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. That is not how our democratic system functions.
The lawsuit will be appealed, and the dispute over Title IX and transgenderism likely will be shaped by the U.S. Supreme Court amid the political standoff in Congress.
The existing Title IX law and regulations bar sex discrimination against men or women, but not “gender” discrimination, said the Texas judge. “Reading into the statute a more fluid conception of sex — one that is based on subjective gender identity and divorced from biological reality — would ignore the ordinary meaning of sex used in Title IX [laws],” the judge wrote.
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“Title IX allows for differentiation based on sex due to biological differences — such as intimate facilities [bathrooms] and athletic teams [sports],” he wrote.
However, many judges are pushing the ideology.
“Gender identity is real” claimed Judge Robert Hinkle of Federal District Court in Tallahassee, Florida, on June 11 as he struck down a Florida law protecting children from transgender medical treatments. He continued:
Transgender opponents are of course free to hold their beliefs. But they are not free to discriminate against transgender individuals just for being transgender. In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished. To paraphrase a civil-rights advocate from an earlier time, the arc of the moral universe is long, but it bends toward justice.
GOP Gov. Ron DeSantis blasted the Florida judge’s claim, saying:
Through their elected representatives, the people of Florida acted to protect children in this state, and the Court was wrong to override their wishes. As we’ve seen here in Florida, the United Kingdom, and across Europe, there is no quality evidence to support the chemical and physical mutilation of children. These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror.
Hinkle was nominated by President Bill Clinton. O’Connor was nominated by President George W. Bush.
Nearly all elected Democratic politicians are determined to promote transgenderism — despite rising public opposition — via laws and regulations. Most GOP politicians are vocally opposed.
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The transgender ideology says the government should police society to enforce the transgender claim that each adult’s or child’s unmeasurable sense of their “gender” is more important than their immutable biological sex.
In contrast, most Americans want their society to preserve the clear legal and civic distinctions between the two equal, different, and complementary male and female sexes.
However, some GOP politicians have aligned themselves with the Democrats’ campaign to promote transgenderism. In Utah, for example, GOP politician John Dougall scoffs at public opposition to transgenderism, even as he is vying to become the GOP candidate for the state’s third congressional district.
President Donald Trump has promised he will reject the ideology if elected president in November.
The Texas case is Texas v. Cardona, No. 4:23-cv-00604-O in the United States District Court for the Northern District of Texas. ‘