UPDATE (JULY 31, 2024): THE 11TH CIRCUIT GRANTED ADMINISTRATIVE INJUNCTION. TEMPORARY PAUSE OF THE TITLE IX REWRITE. FLORIDA, ALABAMA, SOUTH CAROLINA, AND GEORGIA STUDENTS ARE PROTECTED. FURTHER BRIEFING TAKES PLACE OVER THE NEXT WEEK.
WASHINGTON, D.C. – Today, the U.S. District Court for the Northern District of Alabama ruled that the Biden-Harris Title IX rewrite should take effect. This ruling, issued just two days before the August 1 implementation date and in conflict with eight other court rulings, threatens millions of students and parents in the states of Alabama, Georgia, Florida, and South Carolina. Plaintiffs have appealed and filed for an injunction pending appeal.
The Biden-Harris Title IX rewrite dissolved protections for women by demanding that schools treat students in accordance with their gender identity, including by opening girls’ bathrooms, locker rooms, and sex education classes to men who identify as girls. It redefined sexual harassment to expose schools to Title IX liability if students or teachers routinely use biologically accurate pronouns. And, it dissolved due process protections for students accused of such sexual harassment.
The lawsuit was filed by Independent Women’s Forum (IWF), Parents Defending Education, Speech First, and the states of Alabama, Georgia, Florida, and South Carolina. Plaintiffs requested an injunction by August 1, the date the Title IX rules are required to take effect. Judge Annemarie Axon, of the Northern District of Alabama, denied the injunction, ruling that plaintiffs did not prove the Biden-Harris rewrite is contrary to Title IX.
“Despite spilling many pages, the opinion contains no persuasive reasoning. At no point does the court explain how Title IX gives the Department of Education any authority to demand that schools incorporate gender ideology top to bottom. Title IX only gives the Department authority to protect against sex-based discrimination. We are not deterred by this refusal to apply the statute and protect women and we look forward to winning in the appellate courts,” said May Mailman, director of the Independent Women’s Law Center (IWLC), an organization that fights for the rights of women as equal, not interchangeable, with men. IWLC is the legal advocacy arm of Independent Women’s Forum and Independent Women’s Voice.
“To say we are disappointed with this opinion is an understatement. We were hoping this decision would give our members the clarity they needed to begin the school year on the right foot. However, the court’s opinion does not explain how Title IX gives the Department of Education any authority to require schools incorporate gender ideology into restrooms, locker rooms, academic programming, and athletics. As we are all aware, Title IX was enacted to protect biological females against discrimination on the basis of sex. We look forward to winning in the appellate courts and providing relief for our members,” said Nicole Neily, president of Parents Defending Education (PDE), a nationwide membership organization whose members oppose political indoctrination in America’s schools.
“Speech First wholeheartedly disagrees with the district court’s decision today. This decision conflicts with all of the other 8 courts that have ruled so far, and we believe it is deeply flawed. We have already appealed and look forward to making our case to the U.S. Court of Appeals for the Eleventh Circuit. The Biden Administration’s Title IX Rule is the beginning of the end for free speech in education. The new Rule abandons important speech protections necessary to protect students’ First Amendment rights. The Administration went even further to gut the due process section and add ‘gender identity’ as a protected class. Under this new Rule, students could face disciplinary repercussions for expressing their opinions on mainstream political ideas, the misuse of ‘preferred pronouns,’ or other ‘gender affirming’ language. This is compelled speech, and it is fundamentally unconstitutional. Speech First has been at the forefront of the battle for free speech on our nation’s campuses and we look forward to continuing the fight at the Eleventh Circuit,” said Cherise Trump, executive director of Speech First, a nationwide membership organization that defends college students’ free speech rights on campus.
The lawsuit was filed in the Northern District of Alabama. A copy of the filing is available here.
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Independent Women’s Law Center advocates for equal opportunity, individual liberty, and the continued legal relevance of biological sex.
Independent Women’s Forum is dedicated to developing and advancing policies that aren’t just well intended but actually enhance people’s freedom, choices, and opportunities.
www.defendinged.org
Parents Defending Education is a national grassroots organization working to reclaim our schools from activists imposing harmful agendas.
Speech First protects students’ free speech rights on college campuses through advocacy, litigation, and education.