A federal judge has rejected an attempt to prevent the Biden administration’s new Title IX rule from taking effect in four Southern states.
The July 30 decision by U.S. District Judge Annemarie Axon of the Northern District of Alabama clears the way for the U.S. Department of Education to enforce its new rule in Alabama, Florida, Georgia, and South Carolina beginning on August 1.
Twenty-six Republican-led states have filed legal challenges against the Title IX revision, arguing that the updated federal law, which prohibits sex-based discrimination in educational settings, also protects against discrimination based on sexual orientation and gender identity.
The rule does not address sex-separate sports teams, but it does apply to bathrooms, locker rooms, and shower areas. Under this rule, schools and colleges could lose federal funding if they require students to use facilities that align with 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.
In her 122-page opinion denying the injunction request, Judge Axon stated that the four states did not meet the necessary legal requirements.
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.
The opinion noted that the states were offered “many opportunities” to fully present their arguments, including the chance to call witnesses and present evidence, but they chose not to take advantage of these opportunities.
“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.
“Precedent is on our side,” Alabama Attorney General Steve Marshall said in a public statement on the social media platform X.
“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.”
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.
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