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U.S. Federal Courts

Federal court blocks Title IX transgender protections

Ruling applies to Idaho, La., Miss., and Mont.

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BY GREG LAROSE | A federal judge has temporarily halted enforcement of new rules from the Biden administration that would prevent discrimination based on gender identity and sexual orientation.

U.S. District Judge Terry Doughty of Louisiana issued a temporary injunction Thursday that blocks updated Title IX policy from taking effect Aug. 1 in Idaho, Louisiana, Mississippi, and Montana. 

In April, the U.S. Department of Education announced it would expand Title IX to protect LGBTQ students, and the four aforementioned states challenged the policy in federal court.

Doughty said in his order that Title IX, the 52-year-old civil rights law that prohibits sex-based discrimination, only applies to biological women. The judge also called out the Biden administration for overstepping its authority. 

“This case demonstrates the abuse of power by executive federal agencies in the rule-making process,” Doughty wrote. “The separation of powers and system of checks and balances exist in this country for a reason.”

The order from Doughty, a federal court appointee of President Donald Trump, keeps the updated Title IX regulations from taking effect until the court case is resolved or a higher court throws out the order.

Opponents of the Title IX rule changes have said conflating gender identity with sex would undermine protections in federal law and ultimately harm biological women. Gender identity refers to the gender an individual identifies as, which might differ from the sex they were assigned at birth.

Louisiana Attorney General Liz Murrill, who filed the suit in the state’s Western District federal court, had called the new regulations “dangerous and unlawful.” In a statement Thursday evening, she said the rules would have placed an unfair burden on every school, college and university in the country.

“This (is) a victory for women and girls,” Murrill said in the statement. “When Joe Biden forced his illegal and radical gender ideology on America, Louisiana said NO! Along with Idaho, Mississippi, and Montana, states are fighting back in defense of the law, the safety and prosperity of women and girls, and basic American values.”

Title IX is considered a landmark policy that provided for equal access for women in educational settings and has been applied to academic and athletic pursuits. 

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Doughty’s order comes a day after a similar development in Texas, where Judge Reed O’Connor, an appointee of President George W. Bush, declared that the Biden administration exceeded its authority, the Texas Tribune reported. 

Texas filed its own lawsuit against the federal government to block enforcement of the new rules, which Gov. Greg Abbott had instructed schools to ignore. Texas is one of several states to approve laws that prohibit transgender student-athletes from participating on sports teams that align with their gender identity.

Attorney generals in 26 states have originated or joined federal lawsuits to stop the new Title IX regulations from taking effect. 

Earlier Thursday, Republicans in Congress moved ahead with their effort to undo the revised Biden Title IX policy. Nearly 70 GOP lawmakers have signed onto legislation to reverse the education department’s final rule through the Congressional Review Act, which Congress can use to overturn certain federal agency actions.

Biden is expected to veto the legislation if it advances to his desk.

“Title IX has paved the way for our girls to access new opportunities in education, scholarships and athletics. Unfortunately, (President) Joe Biden is destroying all that progress,” U.S. Rep. Mary Miller (R-Ill.), author of the legislation, said Thursday.

States Newsroom Reporter Shauneen Miranda in D.C. contributed to this report.

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Greg LaRose

Greg LaRose has covered news for more than 30 years in Louisiana. Before coming to the Louisiana Illuminator, he was the chief investigative reporter for WDSU-TV in New Orleans. He previously led the government and politics team for The Times-Picayune | NOLA.com, and was editor in chief at New Orleans CityBusiness. Greg’s other career stops include Tiger Rag, South Baton Rouge Journal, the Covington News Banner, Louisiana Radio Network and multiple radio stations.

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The preceding article was previously published by the Louisiana Illuminator and is republished with permission.

The Louisiana Illuminator is an independent, nonprofit, nonpartisan news organization with a mission to cast light on how decisions in Baton Rouge are made and how they affect the lives of everyday Louisianians. Our in-depth investigations and news stories, news briefs and commentary help residents make sense of how state policies help or hurt them and their neighbors statewide.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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U.S. Federal Courts

Club Q shooter sentenced to life in prison for federal hate crimes

Five people killed in 2022 mass shooting in Colo.

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Assistant U.S. Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. (Justice Department YouTube screenshot)

Anderson Lee Aldrich, 24, formerly of Colorado Springs, Colo., was sentenced to 55 concurrent life sentences to run consecutive to 190 years in prison after pleading guilty to 74 hate crimes and firearms charges related to the Nov. 19, 2022, mass shooting at Club Q, an LGBTQ establishment in Colorado Springs.  

According to the plea agreement, Aldrich admitted to murdering five people, injuring 19, and attempting to murder 26 more in a willful, deliberate, malicious, and premeditated attack at Club Q. According to the plea, Aldrich entered Club Q armed with a loaded, privately manufactured assault weapon, and began firing. Aldrich continued firing until subdued by patrons of the club. As part of the plea, Aldrich admitted that this attack was in part motivated because of the actual or perceived sexual orientation and gender identity of any person.

“Fueled by hate, the defendant targeted members of the LGBTQIA+ community at a place that represented belonging, safety, and acceptance — stealing five people from their loved ones, injuring 19 others, and striking fear across the country,” said Attorney General Merrick Garland. “Today’s sentencing makes clear that the Justice Department is committed to protecting the right of every person in this country to live free from the fear that they will be targeted by hate-fueled violence or discrimination based on who they are or who they love. I am grateful to every agent, prosecutor, and staff member across the Department — from the U.S. Attorney’s Office for the District of Colorado, to the Civil Rights Division, the ATF, and FBI — for their work on this case. The Justice Department will never stop working to defend the safety and civil rights of all people in our country.”

“The 2022 mass shooting at Club Q is one of the most violent crimes against the LGBTQIA+ community in history,” said FBI Director Christopher Wray. “The FBI and our partners have worked tirelessly towards this sentencing, but the true heroes are the patrons of the club who selflessly acted to subdue the defendant. This Pride Month and every month, the FBI stands with the survivors, victims, and families of homophobic violence and hate.”

“ATF will not rest until perpetrators like this defendant are prosecuted to the fullest extent of the law,” said Steven Dettelbach, director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope today’s life sentence brings at least some peace to the victims and survivors of this senseless, horrific tragedy. That this sentence should come during Pride month reinforces how far we have left to go before all communities, including all LGBTQIA+ communities, are safe here. It also shows how far ATF and all our partners will go to ensure hatred does not win.”

“The defendant’s mass shooting and heinous targeting of Club Q is one of the most devastating assaults on the LGBTQIA+ community in our nation’s history. This sentence cannot reclaim the lives lost or undo the harms inflicted. But we hope that it provides the survivors, the victims’ families, and their communities a small measure of justice,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our message today should be loud and clear. No one should have to fear for their life or their safety because of their gender identity or sexual orientation. The Justice Department will vigorously investigate and prosecute those who perpetrate hate-fueled, bias-driven attacks.”

“Hate has no place in our country and no place in Colorado” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “I hope that today’s sentence demonstrates to the victims and those connected to this horrific event that we do not tolerate these heinous acts of violence.”

The FBI Denver Field Office, Colorado Springs Police Department, and ATF investigated the case.

Assistant U.S. Attorneys Alison Connaughty and Bryan Fields for the District of Colorado and, Maura White of the Justice Department’s Civil Rights Division prosecuted the case.

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U.S. Federal Courts

Title IX protections blocked in six more states

Ruling applies to Va.

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(Bigstock photo)

BY McKENNA HORSLEY | A federal judge has blocked new Title IX rules, including those aimed at protecting LGBTQ students from discrimination in K-12 schools, and sided with Republican attorneys general in several states — including Kentucky. 

Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky on Monday issued a ruling siding with Republican Attorney General Russell Coleman and his counterparts in five other states. The ruling prevents the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action to enforce the Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” which was set to begin Aug. 1. 

Kentucky Attorney General Russell Coleman (Kentucky Lantern photo by Mathew Mueller)

Coleman and the GOP attorneys general filed the lawsuit in April. At the time, they argued the Department of Education “used rulemaking power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making” with the new Title IX regulations. 

Reeves limited the injunction to the plaintiff states of Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.

The Biden administration introduced the rules to “build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights,” U.S. Secretary of Education Miguel Cardona said in a statement. The rules also would have rolled back Trump administration changes that narrowly defined sexual harassment and directed schools to conduct live hearings, allowing those who were accused of sexual harassment or assault to cross-examine their accusers.

President Joe Biden with U.S. Secretary of Education Miguel Cardona. (Official White House photo by Adam Schultz)

In their complaint, the state attorneys general said that under the Biden rule, “Men who identify as women will, among other things, have the right to compete within programs and activities that Congress made available to women so they can fairly and fully pursue academic and athletic excellence — turning Title IX’s protections on their head … And anyone who expresses disagreement with this new status quo risks Title IX discipline for prohibited harassment.” 

Established in 1972, Title IX was created to prevent “discrimination based on sex in education programs or activities that receive federal financial assistance,” according to the Department of Education.

Reeves wrote in his opinion that “the Department of Education seeks to derail deeply rooted law” created by the implementation of Title IX. 

“At bottom, the department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity.’ But ‘sex’ and ‘gender identity’ do not mean the same thing,” he wrote. “The department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.” 

In a press release, Coleman’s office said Monday that schools that would fail to comply with the new rules would risk losing federal funding. Citing the Department of Education, the office said Kentucky’s public and private schools received a total of $1.1 billion in federal funding last year.

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“As a parent and as attorney general, I joined this effort to protect our women and girls from harm. Today’s ruling recognized the 50-plus years of educational opportunities Title IX has created for students and athletes,” Coleman said in the press release. “We’re grateful for the court’s ruling, and we will continue to fight the Biden administration’s attempts to rip away protections to advance its political agenda.”

A spokesperson for the department said it was reviewing the ruling.

“Title IX guarantees that no person experience sex discrimination in a federally-funded educational environment,” the spokesperson added. “The department crafted the final Title IX regulations following a rigorous process to realize the Title IX statutory guarantee. The department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student.”

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McKenna Horsley

McKenna Horsley covers state politics for the Kentucky Lantern. She previously worked for newspapers in Huntington, W.Va., and Frankfort, Ky. She is from northeastern Kentucky.

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The preceding story was previously published by the Kentucky Lantern and is republished with permission.

The Kentucky Lantern is an independent, nonpartisan, free news service based in Frankfort a short walk from the Capitol, but all of Kentucky is our beat.

We focus on how decisions made in the marble halls of power ripple through the lives of Kentuckians. We bring attention to injustices and hold institutions and officials accountable. We tell the stories of Kentuckians who are making a difference and shine a light on what’s working. Our journalism is aimed at building a fairer, healthier Kentucky for all. 

Kentucky Lantern is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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U.S. Federal Courts

4th Circuit rules Montgomery County parents cannot opt children out of LGBTQ-specific lessons

Lawsuit filed in May 2023

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(Bigstock photo)

A federal appeals court on Wednesday ruled a group of Montgomery County parents cannot “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents filed their lawsuit in May 2023.

An American Civil Liberties Union press release notes the lawsuit challenges Montgomery County Public Schools’ policy that “mandates the inclusion of literature with LGBTQ+ characters as part of the ELA (English and Language Arts) curriculum, aiming to promote understanding and acceptance among students.” 

“Although the district originally allowed parents to opt their children out of some ELA lessons, it rescinded the opt-out policy because the number of requests grew too difficult to manage, student absenteeism soared, and it created a stigmatizing environment for students who are LGBTQ or have LGBTQ family members, undermining the purpose of the inclusivity requirement,” said the ACLU.

U.S. District Judge Deborah L. Boardman of the U.S. District Court for the District of Maryland ruled against the parents. The 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld the decision.

“We’re talking about books like ‘Pride Puppy,’ which is light-hearted and affirming,” said ACLU of Maryland Legal Director Deborah Jeon in a press release. “During a time of intensifying calls to ban books and limit access to information about LGBTQ+ people and identities, this ruling in support of inclusion in education matters.”

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