Court rules that parents have the power to block Biden’s Title IX transgender policies

Significant alterations to Title IX, the federal civil rights law protecting girls and women against discrimination in school sports, are scheduled to become effective nationwide on August 1.

Thank you, Joe Biden!

However, a federal judge has ruled that the US Department of Education cannot enforce its controversial revisions in schools where at least one parent is a member of the 130,000-member Moms for Liberty advocacy group, including some schools in New York City.

Enacted in 1972, Title IX prohibits sex discrimination and ensures that girls have equal opportunities in sports compared to boys at federally funded educational institutions from elementary school through college.

The upcoming changes supported by the Biden administration will provide federal protection to boys who wish to participate in girls’ sports or use girls’ facilities like locker rooms or showers based on their “gender identity.” It will also classify “misgendering” a fellow student as a civil rights violation.

Due to an injunction from a Kansas judge, thousands of schools nationwide will be exempt from these changes, and parents can easily join Moms for Liberty before July 15 to be part of this exemption program.

Membership is free and can be completed online.

This is welcome news for parents who desire fairness for their daughters who are athletes and for those who want their children to speak the truth about gender without repercussions at school.

It is also reassuring for parents concerned about their children mistakenly committing a federal civil rights violation, particularly as gender identities are constantly evolving among today’s youth.

A recent Supreme Court case, Loper Bright v. Raimondo, overturned a long-standing rule known as “Chevron deference,” which directed judges to defer to administrative interpretations of legal ambiguities.

Citing this new precedent, the Kansas judge who ruled in favor of Moms for Liberty issued an injunction halting the implementation of the new Title IX changes for all plaintiffs in the case, including members of three national organizations.

As the judge noted, the Department of Education was unable to define “gender identity,” and the implementation of these rules likely violates the First Amendment.

He highlighted the chilling effect on speech that could arise from the new Title IX rules, where students might fear being accused of harassment or facing investigations for expressing their opinions.

Although New York City students are still subject to state regulations regarding gender identity in schools, those in schools with Moms for Liberty parents are protected from federal civil rights violations, and schools complying with the court decision cannot lose federal funding.

It is unjust and unconstitutional that New York students cannot openly discuss the implications of gender identity rules in sports or express their belief that humans cannot change their sex without facing accusations of discrimination.

It is essential to demand that Title IX, a law intended to prevent discrimination against girls in sports, is not changed to allow boys to compete unfairly against girls.

Students who identify as transgender or non-binary should be encouraged to participate in sports, but on teams that align with their biological sex, a principle that a majority of Americans from both parties support.

Maud Maron is an NYC public school parent and president of the consulting firm ThirdRail.