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As Second Judge Strikes Down Title IX Regulation, Dept. of Education Resorts to Orwellian Clichés

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Robert Thompson: 301-801-0608


As Second Judge Strikes Down Title IX Regulation, Department of Education Resorts to Orwellian Logic

WASHINGTON / June 24, 2024 – Federal Judge Danny Reeves handed down a preliminary injunction last Monday against the controversial Title IX regulation for the states of Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia (1). Reeves’ decision follows a similar ruling issued on June 13 by District Judge Doughty, who struck down the controversial regulation in Louisiana, Mississippi, Montana, and Idaho (2).

Using the phrase “arbitrary and capricious” eight times, Judge Reeves addressed the regulation’s subjective definitions of “gender identity,” women’s sports, student privacy and safety, free speech, parental rights, and more (3). The judge’s 93-page decision did not mince words (4) – the following is just a sampling:

  • “The Department’s new definition of ‘discrimination on the basis of sex wreaks havoc on Title IX and produces results that Congress could not have intended.” – Page 25
  • “The likely consequences of the Final Rule are virtually limitless…. the Final Rule creates myriad inconsistencies with Title IX’s text and its longstanding regulations.” – Page 27
  • “the Final Rule authorizes, if not encourages, arbitrary and discriminatory enforcement pursuant to definitions of harassment that are almost entirely fact-dependent.” – Page 55
  • “officials seemingly failed to seriously account for the possibility that abolishing sex-separated facilities would likely increase the incidence of crime and deter large swaths of the public from using public accommodations altogether.” – Page 75
  • “Rather than address the evidence provided by the plaintiff-States and others during the commenting period, the Department throws its figurative hands in the air and says, ‘too bad.’” – Page 76

Judge Reeves’ decision also highlighted the plight of a 15-year-old West Virginia biological girl referred to as “A.C.” Alluding to transgender athlete Becky Pepper-Jackson, a biological male, the judge wrote, “A.C. asserts that it is apparent that B.P.J.’s status as a biological male gives B.P.J. an advantage over A.C. and other female athletes.”

But A.C. is not the only person to have been harmed by the Department of Education’s Marxist-inspired Title IX mandate (5):

  1. Three middle school boys in Wisconsin were charged with a Title IX harassment complaint when they refused to refer to a female classmate as “they/them.” (6)
  2. John Abraham of Thomas Jefferson University was seduced and raped by Jessica Phillips at an alcohol-fueled party. When Abraham reported the assault to university Title IX officials, his complaint was ignored because, according to the favored narrative, “women never abuse.” (7)
  3. When Prisha Mosley developed mental health problems, doctors persuaded her undergo “gender-affirming” treatments, including removal of her breasts, at the age of 17. Last month, a North Carolina judge ruled that her lawsuit can move forward (8).

Rather than expressing compassion or remorse, the Department of Education responded to the judges’ recent decisions with a bureaucratic retort (9): “Title IX guarantees that no person experience sex discrimination in a federally-funded educational environment…we will continue to fight for every student.”

“Fight for every student”?

The Department’s tone-deaf dismissal recalls the infamous pronouncement of George Orwell: “The Party told you to reject the evidence of your eyes and ears. It was the final, most essential command.”