The Regime has been rocked by legal decisions that have not gone in its favor.
Bad policies have been shot down in the courts repeatedly, bringing many to ask, ‘will they ever give up trying to contradict the Constitution?’
This from thepatriotjournal.com.
The Regime has demonstrated a stubbornness to push forward leftist pet projects that go against the Constitution and subsequently fail upon judicial scrutiny.
A federal judge has handed The Regime another judicial slap in the face based on inappropriate Education Department guidance. The Regime stepped into a legal battle over gender identity and sexual orientation and was met with a lawsuit from Texas.
From The Daily Wire:
A federal judge ruled on Tuesday that Texas did not have to follow guidance from [The Regime] which interpreted prohibitions against sex discrimination to include gender identity and sexual orientation.
The judge ruled [The Regime’s] Education Department had unlawfully exceeded its authority when it issued guidance in 2021 that opened up the door for schools to be liable for discrimination if they adopted policies like limiting bathroom access on the basis of sex. Texas Attorney General Ken Paxton sued [The Regime] in June 2023 to shield Texas from enforcement of the policy.
The judge’s 112-page ruling hammered the Education Department Title IX changes and the overarching gender and sexual orientation ideology. U.S. District Judge for the Northern District of Texas Reed O’Connor stated that nothing in the statute expressly prohibits discrimination based on gender identity or other unexpressed grounds.
O’Connor ruled:
And where Title IX allows for differentiation based on sex due to biological differences—such as intimate facilities and athletic teams—recipients may treat persons in accordance with their biological sex without regard to subjective gender identity.
The Texas lawsuit followed a June 22, 2021, Education Department memo changing how the federal entity interprets the Title IX prohibition on discrimination “on the basis of sex.” The new guidance included discrimination on the basis of sexual orientation and gender identity as part of the interpretation.
The Education Department went further by saying it would punish schools by withholding federal funding if school policies did not meet the new definition of discrimination. The target of the new guidance was schools with policies that state transgender-identifying students would have to use the bathroom facility or play on a sports team based on sex.
The federal judge did not agree with The Regime’s Education Department on the Title IX changes.
Judge O’Connor wrote:
Title IX explicitly appreciates the innate biological variation between men and women that occasionally warrants differentiation—and even separation—to preserve educational opportunities and to promote respect for both sexes.
Paxton celebrated the decision and restated his claim that The Regime’s education guidance was dangerous.
Paxton said in a statement:
Joe Biden’s unlawful effort to weaponize Title IX for his extremist agenda has been stopped in its tracks.
Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal.
The Biden Title IX guidance was also blocked from enforcement in 20 other states after a coalition of Republican attorneys general sued over the policy.
