A federal judge has shot down a bid to block the Biden administration’s new Title IX rule from going into effect in four Southern states.
The July 30 ruling from U.S. District Judge Annemarie Axon of the Northern District of Alabama paves the way for the U.S. Department of Education to enforce its new rule in Alabama, Florida, Georgia, and South Carolina starting on Aug. 1.
Some 26 Republican-led states have mounted legal challenges to the Title IX revision, which declares that the existing federal law against sex-based discrimination in education settings also prohibits discrimination based on sexual orientation and gender identity.
The rule does not address sex-separate sports teams, but it would apply to bathrooms, locker rooms, and shower areas, meaning that schools and colleges could lose federal funding if they require students to use the facilities corresponding to their biological sex.
It also expands the definition of “sex-based harassment” to include addressing someone with a pronoun that aligns with his or her sex but conflicts with his or her preferred gender. Educators who don’t comply could be subject to Title IX investigation and potential discipline, even if complying would go against their religious or moral convictions.
Over the past few weeks, federal courts have put the new rules on hold in almost half of all states while the litigation continues. Axon is the first judge to rule in favor of the federal government.
Specifically, the judge said the states failed to make the case of why they deserve to have the entire rule blocked while only challenging some of the amended regulations such as the redefinition of “sex” and “sex-based harassment.”
She also took issue with the states’ interpretation of other court opinions and legal precedents.
“The evidentiary record is sparse, and the legal arguments are conclusory and underdeveloped,” the judge wrote.
According to the opinion, the states were given “many opportunities” to fully develop their arguments, including an opportunity to call witnesses and present evidence, but they declined to do so.
“In short, although plaintiffs may dislike the department’s rules, they have failed to show a substantial likelihood of success in proving the department’s rulemaking was unreasonable or not reasonably explained,” she wrote.
The states have already appealed the ruling to the U.S. Court of Appeals for the 11th Circuit.
“The 11th Circuit Court of Appeals has been perfectly clear that when Congress used the word ’sex‘ to ensure equality for women under Title IX, it meant ’sex,’ not gender identity, and that Title IX emphatically does not require schools to open up women’s bathrooms, locker rooms, and showers to men.
“As such, we have already appealed this decision and will seek emergency relief. Alabama’s young women deserve better.”
The U.S. Department of Justice has asked the U.S. Supreme Court to uphold some elements of the new regulation, but it’s not clear when the high court might decide.
As of July 31, court orders have paused the new rule in 22 states: Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
