Attorney General Steve Marshall announced yet another victory in his continued fight against the Biden administration's attempts to add gender identity definitions to the protections provided in Title IX.
The 11th Circuit Court of Appeals ruled Thursday that Alabama, Florida, Georgia and South Carolina would not be compelled to implement the proposed changes while the issue is decided in a higher court. In recent months, 26 states have successfully secured injunctions against the rule, granting them similar protections.
The Biden administration posited its changes to the 52-year statute in April. The U.S. Department of Education announced an "update" to the Title IX code, the sweeping name given to civil rights legislation prohibiting sex-based education discrimination. The changes, which will go into effect nationwide on Thursday, add gender identity and sexual orientation to the list of federally protected groups. They also redefine sexual harassment, exposing teachers and students to liability for using biologically accurate pronouns. Schools risk losing federal funding for failing to adhere to the changes.
Earlier this month, the Supreme Court of the United States (SCOTUS) equally ruled in favor of several states, enjoining the federal government from imposing the entire rule change while the matter is adjudicated. Every state that has requested an injunction against the proposed rules has received it from the district or higher courts.
In Thursday's decision, the 11th Circuit upheld a previous injunction, claiming the plaintiffs had a substantial likelihood of success in arguing that the proposed rule change would cause irreparable harm to the state since it would violate existing Alabama law.
"[We] determined that defining 'sex' in Title IX to include 'gender identity' 'ignored the overall statutory scheme' because it would render Title IX's many sex-based exceptions meaningless and 'would provide more protection against discrimination on the basis of transgender status under the statute and its implementing regulations than it would against discrimination on the basis of sex,'" the court wrote.
"Plaintiffs face substantial compliance costs if the new rule goes into place and they are deprived of the enforcement of their existing policies and laws in the meantime. That balance shakes out in favor of the Plaintiffs," it continued.
Marshall applauded the 11th Circuit's decision, pledging to continue fighting the rules in court.
"I am very pleased to announce the Eleventh Circuit's ruling today granting our motion to halt this attempt by the Biden-Harris Administration to turn Title IX from a law that protects women into one that would allow men into women's locker rooms. Now, seven district courts, three courts of appeals, and all nine Justices of the Supreme Court have held that this radical rewrite of Title IX is likely unlawful. We will continue to fight the good fight for Alabama's schoolchildren."
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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