Basic biology: Title IX protects human beings born female.
The U.S. District Court for the Eastern District of Kentucky – Northern Division blocked President Joe Biden ’s Title IX rewrite, known as the Final Rule. The ruling applies nationwide.
The Court stressed that Title IX’s phrase “on the basis of sex” means exactly what it says when Title IX became law: Sex is female or male. Title IX protects human beings born female. Basic biology!The Department of Education also threatened to punish those who refuse to use a person’s preferred name or pronouns.
Put simply, the First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner.The Final Rule violated the Constitution’s Spending Clause since it threatened to withhold funds from schools that did not abide by the rewrite.The Court found the Final Rule did not satisfy the fourth prong: “the conditions must not induce unconstitutional action.
Further, the Department fails to account for the glaring inconsistencies that the Final Rule creates within Title IX. It acknowledges that Congress has deemed sex separation permissible in various circumstances such as social fraternities and sororities and living facilities. See 20 U.S.C. §§ 1681, 1686. Yet, the new regulations say that recipients cannot separate the sexes for purposes of other “living facilities” such as bathrooms, toilets, or showers. See 34 C.F.R. §§ 106.
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