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Women’s Sports Protected in 10 States as Federal Courts Block Biden Admin Changes: ‘Abuse of Power’

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The U.S. Department of Education is reviewing a federal judge's order blocking new rules that expand Title IX protections to LGBTQ+ students.

In April, the Biden administration expanded the definition of sexual harassment at schools and colleges to include gay, lesbian, and transsexual students prohibiting discrimination "based on sex stereotypes, sexual orientation, gender identity, and sex characteristics."

A U.S. district judge temporarily blocked the Biden administration's LGBTQ expansion in Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia on Monday, referring to the regulation as "arbitrary in the truest sense of the word."

Meanwhile last Thursday, another U.S. district judge blocked the latest changes from going into effect in Louisiana, Mississippi, Montana, and Idaho calling it an "abuse of power" and a "threat to democracy."

"This case demonstrates the abuse of power by executive federal agencies in the rulemaking process," Western District of Louisiana Chief Judge Terry Doughty wrote in a 40-page opinion last week. "The separation of powers and system of checks and balances in this country exist for a reason."

Doughty added in the ruling that Title IX was "written and intended to protect biological women from discrimination."

U.S. District Judge Danny C. Reeves handed down his ruling Monday dealing a setback for the Biden administration.

As CBN News reported, critics say the Title IX changes will erase protections for women, and Republican leaders and conservative groups vowed to challenge it in court.

Tennessee Attorney General Jonathan Skrmetti posted on X in April, "TN is prepared to defend Title IX & protect against unlawful regulations that redefine what sex really means."

So far, at least seven lawsuits have been filed against the DOE's final rule, the Daily Citizen reports.

One includes a challenge brought on by the Alliance Defending Freedom (ADF) on behalf of Louisiana, Montana, Mississippi, Idaho, and various school districts.

"The Biden administration's radical redefinition of sex turns back the clock on equal opportunity for women, threatens student safety and privacy, and undermines fairness in women's sports," said Rachel Rouleau, legal counsel for Alliance Defending Freedom. "It is a slap in the face to women and girls who have fought long and hard for equal opportunities."

Meanwhile, the U.S. Court of Appeals for the 6th Circuit ruled Friday to uphold a lower court order that blocks the Biden administration guidance documents that illegitimately reinterpret federal law to allow biological males who identify as female to compete in women's sports and use female-designated showers and locker rooms in 20 states.

The ADF represented Arkansas female athlete Amelia Ford and the Association of Christian Schools International in the case that challenged documents by the Department of Education and not the final rule.

"The Biden administration's radical push to redefine sex threatens the equal opportunities that women and girls have enjoyed for 50 years under Title IX," said ADF Senior Counsel Matt Bowman, who argued before the court on behalf of Ford and ACSI. "Once again, the administration has overstepped on Title IX and tried to usurp congressional authority. This is a significant victory for Amelia and the Christian schools we represent. Biology, not gender identity, matters in athletics."

The Department of Education is defending the rule which continues to be challenged in other Republican-led states.

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About The Author

Talia
Wise

Talia Wise has served as a multi-media producer for CBNNews.com, CBN Newswatch, The Prayer Link, and CBN News social media outlets. Prior to joining CBN News she worked for Fox Sports Florida producing and reporting. Talia earned a master’s degree in journalism from Regent University and a bachelor's degree from the University of Virginia.