Four states fail in bid to block new Title IX anti-gender bias rules |
A federal judge in Alabama on Tuesday refused to block the Biden administration from enforcing new anti-discrimination protections for LGBTQ students in four Republican-led states, breaking with six other judges who have said the rules are invalid. Judge Annemarie Carney Axon said the Alabama, Georgia, Florida and South Carolina attorneys general challenging the Education Department standard, which includes sexual orientation and gender identity in the list of characteristics protected under sex discrimination regulations, failed to show a substantial likelihood of success in their lawsuit. In a 122-page ruling Axon, an appointee of former President Donald Trump, said the claims by the states and several conservative groups were conclusory and not backed by court precedent adding: "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 said nothing in Title IX limits the definition of sex to biological sex, and that the Education Department's interpretation of the law was reasonable in light of the 2020 Supreme Court decision in Bostock v. Clayton County, which held that a ban against workplace sex discrimination contained in Title VII of the Civil Rights Act of 1964 covered gay and transgender workers, applied to Title IX. The case is Alabama v. Cardona, U.S. District Court for the Northern District of Alabama, No. 7:24-cv-00533.