Federal judge blocks Education Department’s Title IX guidance that protects transgender students
The preliminary injunction essentially ties the department’s hands when it comes to protecting transgender students from discrimination in 20 states.
By Bianca Quilantan
July 17, 2022
A federal judge temporarily blocked the Education Department’s Title IX guidance, which prohibits discrimination based on gender identity and sexual orientation.
Eastern District of Tennessee Judge Charles Atchley in an order late Friday said the agency’s guidance “directly interferes with and threatens Plaintiff States’ ability to continue enforcing their state laws” that restrict transgender people from playing on sports teams and using bathrooms that match their gender identity.
A coalition of 20 Republican attorneys general is being led by Tennessee Attorney General Herbert Slatery. They have argued their states face a “credible threat” of losing significant federal funding due to their policies and laws.
The states also argued that forcing schools to use transgender students’ pronouns is illegal under the First Amendment and that the Education Department violated the Administrative Procedure Act and the Tenth Amendment, which delegates certain powers to the states.
I would like to point out that in 2019 in the Supreme Court case of Bostock v. Clayton County, about Title VII but the wording is the same used in Title IX, Title VII prohibits employers from discriminating against any individual “Discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat employees differently because of their sex—the very practice Title VII prohibits in all manifestations.” while Title IX prohibits discrimination in education.
...Discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat employees differently because of their sex—the very practice Title VII prohibits in all manifestations.
Justices Samuel Alito, Clarence Thomas, and Brett Kavanaugh voted against the ruling and I would imagine that Justice Catherine Bartlett would join them so it would be 5 – 4 now.
Campbell also took aim at the Biden administration’s decision to craft its guidance around the landmark Supreme Court opinion in Bostock v. Clayton County, which says it is unlawful to discriminate against people based on their gender identity or sexual orientation in the workplace. She argued the case does not extend to Title IX, nor access to locker rooms or bathrooms.
Umm… As far as I know businesses have bathrooms and some factories have locker rooms!
And this ruling can also affect us here in Connecticut,
The court’s decision is also likely to be used to support arguments in a Connecticut case at the 2nd Circuit Court of Appeals challenging whether transgender women and girls can play on sports teams that match their gender identity. Arguments in that case are set for Sept. 29.
This is not going away! We will see both of these cases in the Supreme Court.
Your vote counts… don’t let the Republicans control Congress and the presidency or their wrapped view of LGBTQ people will become the law of the land and it will lead us into an age of persecution that hasn’t been seen since the 1950s.