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‘Naked attempt to strong-arm our schools:’ Five Lawsuits Seek to Block Sweeping Title IX Rule

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Rebecca Hain: 513-479-3335


‘Naked attempt to strong-arm our schools:’ Five Lawsuits Seek to Block Sweeping Title IX Rule

WASHINGTON / May 6, 2024 – It’s not often that a new federal regulation triggers such revulsion that five lawsuits are filed within days of its release. On April 19 the Department of Education issued its long-awaited Title IX regulation, which redefines sex to include “gender identity” (1). Within 11 days, five complaints against the new policy had been filed in federal courts by the following groups:

  1. States of Alabama, Florida, Georgia, and South Carolina, and the Independent Women’s Law Center, Independent Women’s Network, Parents Defending Education, and Speech First (2)
  2. States of Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia (3)
  3. States of Louisiana, Mississippi, Montana, and Idaho (4)
  4. State of Texas (5)
  5. Rapides Parish (Louisiana) School Board (6)

All of the lawsuits contend the new regulation exceeds the Department of Education’s legal authority, and violates the Administrative Procedure Act because its provisions are arbitrary and capricious.

The lawsuit from Alabama, Florida, Georgia, and South Carolina, the most comprehensive of the five, charges the new regulation not only promotes harmful gender transitioning among underage students, but also impairs free speech, parental rights, bathroom privacy, women’s sports, and due process for the falsely accused.

The lawsuit from the Attorneys General of Louisiana, Mississippi, Montana, and Idaho charges the Title IX rule is a “naked attempt to strong-arm our schools into molding our children … in the government’s preferred image of how a child should think, act, and speak” (3) — an accusation that recalls the Communist Party’s earlier crusade to mold an obedient “New Soviet Man” (7).

The lawsuit from the Rapides Parish School Board documents the myriad policy changes that schools would be required to make. The complaint states defiantly, “The school board does not have and does not intend to adopt a policy mandating that staff or students use pronouns that reflect students’ perceived gender identity when doing so is inconsistent with a student’s sex.”

Indeed, Louisiana Attorney General Liz Murrill commented, “This is all for a political agenda, ignoring significant safety concerns for young women students in preschools, elementary schools, middle schools, high schools, colleges and universities across Louisiana and the entire country” (8).

The new – some would say, revolutionary – Title IX policy accords with the Marxist vision to bring about a “sexless” society. In the words of Shulamith Firestone, the end goal of feminist revolution must be the elimination of the “sex distinction itself: genital differences between human beings would no longer matter culturally…The tyranny of the biological family would be broken” (9).

In addition, the governors of Arkansas (10) and Nebraska (11) ordered their schools to ignore the new Title IX policy. The previous week, similar directives had been issued in Florida, Louisiana, Oklahoma, and South Carolina (12).

The new regulation will impose sweeping changes on our nation’s schools. Brett Sokolow, head of the Association for Title IX Administrators, predicts that “60-70% of what we have in place now will need to change in some way to comply with the new Rule” (13).

Which means dramatically increased budgets and institutional clout for the highly politicized Title IX offices across the nation.