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LGBTQ+ Students Title IX Protections Blocked by Federal Judge in Texas

LGBTQ+ Students Title IX Protections Blocked by Federal Judge in Texas

A federal judge recently issued a temporary injunction, preventing the implementation of expanded Title IX protections for LGBTQ+ students in Texas.

The U.S. Department of Education announced changes to Title IX in April, providing clarification that it now includes protection against discrimination based on sexual orientation and gender identity. Introduced in 1972, Title IX is a law that prohibits discrimination based on sex in education programs or activities that receive federal financial assistance. The expanded protections were scheduled to go into effect on August 1st.

U.S. District Judge Matthew Kacsmaryk wrote that the changes “inverts the text, history, and tradition of Title IX: the statute protects women in spaces historically reserved to men; the final rule inserts men into spaces reserved to women.”

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“The Department now upends a half-century of reliance interests through its newest regulation,” Kacsmaryk continued. “Texas law protects sex separation in K-12 and higher education athletic programs….Political subdivisions extend this biological-sex mandate into intimate facilities. For example, the Carroll, Frisco, and Grapevine– Colleyville Independent School Districts require schools owned or operated by the districts to separate bathrooms, locker rooms, shower rooms, and other similar facilities based on biological sex (1) determined at birth and (2) correctly identified on a person’s birth certificate.”

“Pending final resolution of this case, Defendants are therefore enjoined from implementing, enacting, enforcing, or taking any action in any manner to enforce the Final Rule,” the ruling concluded.

On Thursday, Kacsmaryk made a ruling, coinciding with U.S. District Judge Reed O’Connor’s temporary ruling in favor of Carroll ISD in Southlake. This ruling blocked the expanded Title IX protections from taking effect in the district in August. Additionally, on the same day, the U.S. House of Representatives passed a measure against the same federal rule. The measure was approved by a vote of 210-205, with party lines being closely followed.

Kacsmaryk’s ruling in Texas adds to the list of states with an injunction blocking the expanded Title IX protections. This includes Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Tennessee, Utah, Virginia, West Virginia, and Wyoming, as stated on the U.S. Department of Education’s website.

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