Texas secures a major Title IX win against Biden’s education department

2C6CKJR San Antonio, Texas, USA. 15th June, 2018. Texas Attorney General KEN PAXTON speaks at the three-day RPT State Convention during June, 2018 in San Antonio. The 2020 in-person gathering scheduled for next week in Houston has been cancelled due to the coronavirus pandemic. Credit: Bob Daemmrich/ZUMA Wire/Alamy Live News

Photo: Alamy

Texas Attorney General Ken Paxton celebrated the latest legal win regarding interpretations of the nation’s Title IX policy, which was designed to protect Americans from sex-based discrimination. 

He posted to X, stating, “Today we received a major victory against the Biden Administration’s Department of Education (“DOE”), stopping its attempt to rewrite Title IX to force Texas schools to adopt radical “transgender” policies in violation of state & federal law.”

According to the included press release, Paxton’s lawsuit against the Department of Education gained a major victory on Tuesday. 

The lawsuit was filed against their “arbitrary and capricious guidance that unlawfully extended Title IX to include ‘sexual orientation’ and ‘gender identity’ as protected classes.”

It argued that this would force Texas schools to jeopardize the safety of female students by allowing “biological males” who identify as female into unsecured areas like locker rooms, bathrooms, and other areas where young girls are vulnerable. 

Earlier this year, the Biden administration essentially redefined Title IX by extending it to “LQBTQIA+ students and employees,” according to a White House Fact Sheet.

This change would penalize schools that upheld biological sex standards for their students. 

Paxton’s lawsuit claimed that the changes were “unlawful” and argued, “threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal.”

A federal court agreed. The court order stated, “[The Biden Administration] failed to follow the proper procedures here.”

It continued, “Rather than promote the equal opportunity, dignity, and respect that Title IX demands for both biological sexes, [the DOE’s] Guidance Documents do the opposite in an effort to advance an agenda wholly divorced from the text, structure, and contemporary context of Title IX.… Thus, to allow [the Biden Administration’s] unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress.”

“That is not how our democratic system functions,” the court concluded. 

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