A recent mailer from the Texas GOP is facing backlash for misrepresenting the story of a trans man and former high school wrestler, Mack Beggs.
The mailer targets Rep. Colin Allred (D-TX), who is challenging Ted Cruz (R-TX) for his Senate seat. It features a blurred image of Beggs when he was an out trans boy competing in girls’ sports, with the text: “Colin Allred failed to protect women’s sports, supporting boys competing with girls.”
At the time, the Texas University Interscholastic League (UIL), which governs public school sports, had prohibited Beggs from joining boys’ teams due to the gender marker on his birth certificate. While transitioning and taking testosterone, Beggs wrestled on the girls’ teams, becoming the center of controversy, particularly after winning state championships in 2017 and 2018.
Rep. Allred has consistently supported trans inclusion in sports, voting against bills that would have barred trans women from participating in women’s sports.
Beggs, now speaking out, expressed concern for his and his family’s safety due to the mailer’s misleading use of his image. “How they’re using my photo, it’s just very misleading. It’s not OK,” he told the Houston Chronicle. He is now seeking legal advice from the American Civil Liberties Union.
On Instagram, Beggs condemned the Texas GOP’s use of his story. “The Republican State of Texas Government has decided to USE my image for yet again one of their political campaigns,” he wrote. “I have already had a few people let me know about this campaign ad paid for and by the Republican Party in TX. NOT COOL. 🚫”
He added: “The fact they are STILL using my story and FACE for their political agendas. It’s sickening at this point.”
The Nebraska Supreme Court has upheld a law that restricts access to both medical care for transgender youth and abortion.
OMAHA, Neb. — The Nebraska Supreme Court has ruled that a state law combining abortion restrictions with measures limiting gender-affirming health care for minors does not breach a state constitutional amendment requiring bills to address only one subject.
The court acknowledged that abortion and gender-affirming care are distinct types of medical care but concluded that the law falls under the broad category of medical care, thus complying with Nebraska’s single-subject rule. Chief Justice Mike Heavican, writing for the majority, referred to an 1895 ruling, emphasizing that a bill with a general object and a title that fairly expresses the subject does not violate the single-subject rule.
The ruling came in response to a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of Planned Parenthood of the Heartland. The lawsuit challenged the law, which restricts abortion to 12 weeks of pregnancy, bans gender-confirming surgery, and limits hormone treatments for transgender minors. The ACLU’s arguments that the hybrid law violated Nebraska’s single-subject rule were rejected by the high court.
Originally, Nebraska lawmakers proposed separate bills: one banning abortion at around six weeks of pregnancy and another restricting gender-affirming treatments for minors. The Legislature combined these measures into a single bill after the six-week abortion ban faced a filibuster. This combination was one of the most controversial pieces of legislation in the 2023 session, leading to an extended filibuster by some lawmakers.
A district judge had previously dismissed the lawsuit, prompting the ACLU to appeal. During the high court arguments, state attorneys argued that combining the measures under health care did not breach the single-subject rule, while Planned Parenthood contended that the Legislature had recognized abortion and transgender care as separate issues by introducing them as distinct bills.
Justice Lindsey Miller-Lerman’s dissent criticized the majority for applying inconsistent standards, accusing the court of giving undue leeway to the Legislature. She argued that the bill should have adhered strictly to the constitutional requirement for a single subject.
Opponents of the ruling expressed disappointment. ACLU Nebraska Executive Director Mindy Rush Chipman and Planned Parenthood North Central States President and CEO Ruth Richardson criticized the decision, emphasizing its potential negative impacts on Nebraskans, particularly in rural areas and among marginalized communities.
Nebraska Governor Jim Pillen and the state’s attorney general praised the ruling. Pillen highlighted his role in advocating for the bill’s passage.
Since the U.S. Supreme Court overturned Roe v. Wade in 2022, many Republican-controlled states have enacted abortion bans. Currently, 14 states have bans at all pregnancy stages, while Nebraska and North Carolina have implemented 12-week bans. Similarly, many GOP-controlled states have restricted gender-affirming care for minors, with 22 states enforcing such measures.
In contrast, several Democratic-controlled states have adopted policies to protect abortion and gender-affirming care access, including efforts to shield healthcare providers from out-of-state investigations.
Nebraska voters may have the final say on abortion access with two potential ballot questions in November: one proposing to add a right to abortion to the state constitution and another to enshrine the 12-week ban in the state constitution.
A federal appeals court panel has ruled that Tennessee does not unconstitutionally discriminate against transgender people by not allowing them to change the sex designation on their birth certificates.
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NASHVILLE, Tenn. — A federal appeals court panel ruled 2-1 on Friday that Tennessee does not unconstitutionally discriminate against transgender people by not allowing them to change the sex designation on their birth certificates.
“There is no fundamental right to a birth certificate recording gender identity instead of biological sex,” 6th U.S. Circuit Court of Appeals Judge Jeffrey Sutton wrote for the majority in the decision upholding a 2023 district court ruling. The plaintiffs could not show that Tennessee’s policy was created out of animus against transgender people as it has been in place for more than half a century and “long predates medical diagnoses of gender dysphoria,” Sutton wrote.
He noted that “States’ practices are all over the map.” Some allow changes to the birth certificate with medical evidence of surgery. Others require lesser medical evidence. Only 11 states currently allow a change to a birth certificate based solely on a person’s declaration of their gender identity, which is what the plaintiffs are seeking in Tennessee.
Tennessee birth certificates reflect the sex assigned at birth, and that information is used for statistical and epidemiological activities that inform the provision of health services throughout the country, Sutton wrote. “How, it’s worth asking, could a government keep uniform records of any sort if the disparate views of its citizens about shifting norms in society controlled the government’s choices of language and of what information to collect?”
The plaintiffs — four transgender women born in Tennessee — argued in court filings that sex is properly determined not by external genitalia but by gender identity, which they define in their brief as “a person’s core internal sense of their own gender.” The lawsuit, first filed in federal court in Nashville in 2019, claims Tennessee’s prohibition serves no legitimate government interest while it subjects transgender people to discrimination, harassment and even violence when they have to produce a birth certificate for identification that clashes with their gender identity.
In a dissenting opinion, Judge Helene White agreed with the plaintiffs, represented by Lambda Legal.
“Forcing a transgender individual to use a birth certificate indicating sex assigned at birth causes others to question whether the individual is indeed the person stated on the birth certificate,” she wrote. “This inconsistency also invites harm and discrimination.”
Lambda Legal did not immediately respond to emails requesting comment on Friday.
Tennessee Attorney General Jonathan Skrmetti said in a statement that the question of changing the sex designation on a birth certificate should be left to the states.
“While other states have taken different approaches, for decades Tennessee has consistently recognized that a birth certificate records a biological fact of a child being male or female and has never addressed gender identity,” he said.
A federal judge blocked most provisions of the law pushed by Florida Gov. Ron DeSantis that banned gender-affirming care for children and restricted it for adults.
“The decision, issued on Tuesday, struck down most of a law supported by Florida Governor Ron DeSantis (R) that severely restricted transgender healthcare for adults and completely banned it for children.
U.S. District Judge Robert L. Hinkle rejected a prevailing argument from the DeSantis administration that denied the existence of transgender individuals, emphasizing in his ruling that “gender identity is real” and that the state cannot withhold treatment from them. Hinkle drew parallels between prejudice against transgender people and discrimination rooted in racism and misogyny.
“Florida has enacted legislation and regulations that prohibit gender-affirming care for minors, even when it is medically necessary,” Hinkle wrote. “This ban violates the Constitution.”
The decision, which arose from a lawsuit filed by parents of transgender children and adults, was celebrated by many in the LGBTQ community as a significant triumph. While several states have recently banned gender-transition care for minors, Florida’s law was the first to restrict care for adults.”
Under the legislation, nurse practitioners were prohibited from prescribing hormones to transgender adults. Although doctors could technically provide care, a shortage of physicians meant that many transgender adults struggled to find accessible treatment. Some individuals left the state, while others went without necessary medical care.
Joey Knoll, who established Spektrum Health in Orlando in 2018 to provide healthcare to transgender individuals, stated that Hinkle’s ruling allows him and his team to promptly address a backlog of over 300 patients awaiting hormone prescriptions.
“Judge Hinkle clearly identified this as a situation involving bias and discrimination,” Knoll remarked. “He thoroughly examined the evidence and acknowledged that fact.”
Jeremy Redfern, press secretary for Governor DeSantis, indicated that the state plans to appeal the decision.
“In an email, Redfern wrote, ‘Under Governor Ron DeSantis, Florida will continue to fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology.’ He added that the law limiting transgender care was passed by elected representatives to protect the children of this state and that Hinkle was wrong to override their wishes.”
“These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror,” Redfern wrote.
In his decision, Hinkle, appointed by President Bill Clinton, referenced statements from DeSantis and Republican legislators regarding “mutilating our children,” yet noted the state provided no evidence that such surgeries have ever occurred in Florida.
The plaintiffs in the lawsuit did not contest the restrictions on surgeries.
Judge Hinkle also criticized the “frenzied rhetoric” from Tallahassee, highlighting a lawmaker who publicly referred to transgender witnesses during a committee hearing on a related bill as “mutants” and “demons,” which he described as “direct evidence of that member’s animosity.”
Furthermore, the law, in conjunction with regulations from the state’s Health Care Administration board, mandated that healthcare providers obtain patient signatures on lengthy forms that Hinkle deemed “inaccurate and misleading in significant ways.”
One of the Floridians who sued, Lucien Hamel, said the decision was a relief.
“The state has no place interfering in people’s private medical decisions, and I’m relieved that I can once again get the healthcare that I need here in Florida,” Hamel said in a statement released by the lawyers who represented him and others in the case.
The mother of another plaintiff, who sued under the name Susan Doe to protect her daughter’s identity, also cheered the ruling.
One of the plaintiffs in the lawsuit, Lucien Hamel, expressed relief at the decision.
“The state has no right to interfere in people’s private medical decisions, and I’m relieved that I can once again access the healthcare I need here in Florida,” Hamel said in a statement issued by the attorneys representing him and others involved in the case.
The mother of another plaintiff, identified as Susan Doe to protect her daughter’s identity, also celebrated the ruling.
“This decision means I won’t have to witness my daughter suffering unnecessarily because I couldn’t provide her with the care she needs,” she remarked in a statement. “Seeing Susan’s anxiety over this ban has been one of the most difficult challenges we’ve faced as parents. All we ever wanted was to alleviate that fear and support her in continuing to be the happy, confident child she is today.”
Utah’s Anti-Trans Bathroom Snitch Line Got 12,000 Tips. None Could Be Verified
Six Weeks After Launch, Utah’s Anti-Trans Bathroom Tip Line Received 12,000 Reports, None Verified
Six weeks after Utah Republicans introduced a public “snitch form” to report transgender individuals using bathrooms in government facilities, the state auditor’s office has received over 12,000 reports—none of which could be verified.
The tip line was established following the passage of HB 257, sponsored by second-term GOP Rep. Kera Birkeland. The law mandates that all government bathrooms and locker rooms be designated based on a person’s assigned sex at birth. It also requires government institutions to create their own “privacy compliance plan” in accordance with the law. Violations are classified as criminal trespass offenses, a class A misdemeanor in Utah.
However, shortly after the form went live in early May, it was inundated with spam, including numerous memes and at least one picture of bull testicles.
Since its launch, the form has received more than 12,000 submissions, Utah Auditor John Dougall confirmed to the Salt Lake Tribune this week. Just five of those were deemed “plausible,” Dougall said, but his office was “unable to substantiate” any of them. In essence, the tip line has produced no verifiable cases.
The closest Dougall reportedly came to finding a case to pursue was from a report against the state Department of Corrections, which did not come through the online form. According to the Tribune, Dougall’s office received a letter earlier this month alleging that an employee in the administrative offices allowed an individual to use a sex-designated restroom that did not align with their sex. However, Dougall confirmed he was unable to substantiate the complaint.
Dougall also noted that he has instructed state agencies to adopt “privacy compliance plans,” but there has been significant confusion about how to implement these plans. According to a statement from Dougall’s office to the Tribune, “there is a lack of clarity regarding which entity has the duty to adopt a privacy compliance plan in situations when multiple entities either share use or control of facilities for which a plan is required.” Essentially, the overlapping jurisdiction of government facilities complicates the establishment and oversight of these policies.
In summary, Utah Republicans have likely invested hundreds of work hours and significant taxpayer dollars on a tip line that, in a month and a half, has primarily been used for trolling. Utah Auditor John Dougall has been particularly critical of this debacle. He has released multiple videos on social media mocking his new role as a government “bathroom monitor” and criticizing Rep. Kera Birkeland and other legislators for enacting HB 257.
“It seems like this part of the bill was more about show than substance,” remarked John Dougall in a video filmed in a public bathroom and released in mid-May. “But it wouldn’t be the first time the legislature did something like that, would it?”
Paxton blocks Biden’s Title IX rule protecting LGBTQ+ students in Texas
FILE – Texas Attorney General Ken Paxton speaks at a news conference in Dallas on June 22, 2017. Paxton says he’s investigating a key Boeing supplier that is already under scrutiny by federal regulators over the quality of its work on Boeing planes, Friday, March 29, 2024. (AP Photo/Tony Gutierrez, File)
AUSTIN (KXAN) — Texas Attorney General Ken Paxton has blocked the Biden Administration’s Title IX rule aimed at protecting LGBTQ+ students from sex-based discrimination and harassment, according to a Tuesday release from Paxton’s office.
The rule was designed to protect all students and employees from sex discrimination, including providing comprehensive protections against sexual violence and other forms of sex-based harassment.
In the release, Paxton claimed a “major” victory against the Biden Administration’s Department of Education’s attempt to amend Title IX, alleging it would force Texas schools to adopt radical “transgender” policies that violate state and federal law.
“Joe Biden’s unlawful effort to weaponize Title IX for his extremist agenda has been stopped in its tracks,” Paxton stated. “Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal. Texas has prevailed on behalf of the entire Nation.”
The Biden Administration’s changes to Title IX are scheduled to take effect nationwide on Aug. 1, except in states where it has been blocked.
Democrats warn that Texas could forfeit billions in federal funds due to Abbott’s LGBTQ directive.
Texas colleges and universities face the imminent risk of losing billions in federal funding if they adhere to Governor Greg Abbott’s directive to disregard a new federal rule strengthening nondiscrimination protections for LGBTQ students, according to Democrats who addressed a state education board on Monday.
In a letter of congressional inquiry to Texas’s Higher Education Coordinating Board, which oversees public post-secondary education, four House Democrats from Texas cautioned that public colleges could jeopardize students’ civil rights and forfeit government funding by following Abbott’s orders to ignore amendments to Title IX. This federal civil rights law prohibits sex discrimination in schools and educational programs receiving federal funding and was updated by the Education Department in April to include protections based on sexual orientation and gender identity.
The rule, set to take effect on August 1, has faced temporary injunctions in ten states led by Republicans, including Texas, where Abbott labeled the changes as “illegal” in an April letter to President Biden.
Led by Rep. Jasmine Crockett (D-Texas) and signed by Democratic Reps. Sylvia Garcia, Al Green, and Sheila Jackson Lee, the letter accused Abbott and other officials of using educational institutions as “political pawns.”
“If Texas educational institutions fail to adjust their policies in accordance with the forthcoming Title IX revisions, the consequences would be devastating,” the lawmakers wrote. “Losing billions of dollars of federal funding would prevent institutions from offering scholarships crucial for students to afford and access higher education. Hundreds of thousands of potential Texas students would face a threat to their educational opportunities.”
Democrats argued that failure to comply with the Biden administration’s rule, which also strengthens protections for pregnant students and changes how schools handle sexual misconduct claims, could undermine students’ civil rights. They referenced a recent lawsuit by University of Texas at Austin professors challenging provisions allowing student absences for out-of-state abortions and mandating respect for transgender and gender-nonconforming students’ pronouns.
“A federal judge recently sided with Texas Attorney General Ken Paxton (R) by blocking similar changes proposed by the Biden administration last year,” the letter noted. Despite Title IX being a federal law, enforcement methods vary by administration, impacting schools that receive federal funding.
Efforts by House and Senate Republicans to challenge the rule through disapproval resolutions and lawsuits in numerous Republican-led states remain ongoing, reflecting broader opposition to the Biden administration’s regulatory changes.
Mother of Transgender Girl Athlete Says Florida’s Investigation Has Ruined Her Daughter’s Life
FORT LAUDERDALE, Fla. (AP) — A Florida public school employee, who faces termination for allowing her transgender daughter to play on a girls’ high school volleyball team, criticized those who outed her child, stating on Tuesday that the resulting investigation has devastated her daughter’s life.
Jessica Norton explained that her daughter was thriving at Monarch High School in suburban Fort Lauderdale until an anonymous tipster informed a Broward County school board member in November that the 16-year-old was participating on the girls’ varsity volleyball team, allegedly in violation of state law. The 2021 Fairness in Women’s Sports Act prohibits students assigned male at birth from competing in girls’ sports.
The tip triggered a school district investigation, resulting in Norton potentially losing her job as a computer information specialist at Monarch for permitting her daughter to play. Investigators also reported that Norton failed to revert her child’s gender designation in school records from “female” to “male,” as mandated by district policy.
Norton informed the school board on Tuesday that her daughter had been an elected freshman and sophomore class president, was chosen as the student body’s director of philanthropy, and was a homecoming princess. However, these accomplishments ceased when the investigation commenced, leading the girl to leave Monarch High School.
“They destroyed her high school career and her lifelong memories,” Norton lamented. “I saw the light in my daughter’s eyes gleam with future plans of organizing and attending prom, participating in and leading senior class traditions, speaking at graduation, and going off to college with the confidence and joy that any student like her would have after a successful and encouraging high school experience. And 203 days ago, I watched as that life was extinguished.”
Currently, the girl attends school online.
None of the board’s nine members responded to Norton, a seven-year district employee who had received exemplary evaluations prior to November.
The treatment of transgender children has become a contentious issue nationwide over the past few years. Florida is one of at least 25 states that have implemented bans on gender-affirming care for minors and one of at least 24 states that have enacted laws prohibiting transgender women and girls from participating in certain women’s and girls’ sports.
The board was scheduled to vote on Tuesday regarding Superintendent Howard Hepburn’s recommendation to terminate Norton’s employment, but this decision has been postponed for at least a month. A district committee had recommended a 10-day suspension for Norton, but Hepburn overruled it without providing an explanation. The board could choose to fire Norton, suspend her, or take no action.
Monarch Principal James Cecil and three other administrators were temporarily reassigned when the investigation began but were reinstated following student protests. The state’s athletic commission fined the school $16,500.
Broward is one of Florida’s most politically liberal counties, with twice as many Democrats as Republicans, and it has a significant LGBTQ+ community. The countywide school district is the nation’s fifth-largest, serving nearly 255,000 students across 327 schools.
According to the district investigative report, board member Daniel Foganholi contacted the district’s police department after receiving the anonymous tip. Republican Gov. Ron DeSantis appointed Foganholi last year following the disqualification of the elected board member.
Since 2021, DeSantis has enacted the Fairness in Women’s Sports Act and other legislation targeting the transgender community. The Nortons are plaintiffs in a federal lawsuit challenging the act.
Foganholi did not respond to emails seeking comment last week and on Monday.
Norton’s child began taking puberty blockers at age 11 and estrogen but has not undergone gender-affirming surgery, which is rarely performed on minors.
Her parents assert that she often sat on the bench for Monarch’s volleyball team and does not have athletic advantages from being born male. When investigators asked Principal Cecil to describe the child, he said, “She looks like a girl to me. … she seems very small, very skinny.”
In response to Foganholi’s complaint, Broward schools assigned two officers to investigate. The state education department also appointed an investigator.
The investigation involved pulling and securing school records for Norton’s daughter, interviewing officials at Monarch and the daughter’s previous schools to determine who knew about her being transgender and when and how her records were changed. Investigators also interviewed Norton and three Monarch volleyball players.
Norton, who has two older children, said she enrolled her youngest child in kindergarten as a boy in 2013, four years before starting her employment with the district. The child transitioned to a girl in first grade, and this was known by other parents and children, so it was never a complete secret.
When her child was in second grade, Norton asked a school employee to change the child’s gender on school records. She claimed then-Superintendent Robert Runcie told her that was the procedure. Runcie, who left the district in 2021 after an unrelated controversy, was not contacted.
The district maintains that such changes are only permissible if the parent first amends the child’s birth certificate. Norton amended her child’s birth certificate in 2021, after she began working for the district. The district asserts that Norton should have reverted her child’s gender to male on school records in 2017 upon learning the policy.
Norton told investigators she didn’t comply because the amended records were accurate—her child is a girl.
Aware of the new state law barring transgender girls from playing girls’ sports when her daughter entered high school in 2022, detectives asked why she allowed her daughter to play volleyball and marked “female” on a permission form asking the child’s “sex at birth.”
“Because she’s my child and she wanted to play,” Norton replied. Norton also coached the junior varsity volleyball team.
Investigators interviewed Monarch volleyball players, who said the team did not change clothes or shower together, so they were never disrobed with Norton’s daughter. All three players knew or suspected Norton’s daughter was transgender but were not bothered by her participation. The Knights had a 13-7 record last season.
“I didn’t really have a problem with it because I didn’t think she was a threat or anything to anyone else,” one girl told investigators.
Authorities in Minnetonka, Minnesota are currently investigating the reported assault on 17-year-old Cobalt Sovereign as a potential hate crime.
The following contains graphic descriptions of violence against a transgender child.
Last week, a 17-year-old transgender student in Minnesota found herself hospitalized following an attack by a classmate in the school restroom. The disturbing incident, captured on video, unfolded at Hopkins High School in Minnetonka, MN.
Cobalt Sovereign, a junior at the school, recounted to NBC affiliate KARE that on May 30, she encountered verbal abuse from a fellow student while attempting to use the restroom. Despite the availability of gender-neutral facilities, Sovereign, who prefers she/they pronouns, opted for the boys’ restroom due to convenience, though it caused considerable discomfort.
Recalling the ordeal, Sovereign shared how the assailant peered over the stall and hurled derogatory slurs, including the use of the word “faggot,” which was allegedly repeated several times. Upon leaving the restroom, Sovereign was confronted by three students, one of whom initiated an unprovoked attack. Subsequent examination revealed Sovereign suffered a broken jaw in two places, with a shattered molar and potential traumatic brain injury (TBI). Hospitalized for two days, Sovereign continues to grapple with the physical and psychological aftermath, including recurring nightmares.
Hopkins High School promptly addressed the situation, initiating disciplinary measures against the alleged attacker. Further legal action rests with the Hennepin County attorney’s office, while local authorities are investigating the incident as a possible hate crime. Citing student privacy laws, the identity of the alleged perpetrator remains undisclosed.
Reflecting on the incident, Cobalt’s brother, Wilder Sovereign, expressed dismay over the escalation of transphobia, emphasizing the severity of the assault as an unprecedented manifestation within their community.
At Hopkins High on Wednesday, another segment of Sovereign’s community gathered in solidarity, demanding justice and accountability. Local LGBTQ+ organizations, such as the Queer Equity Institute, mobilized alongside Minnesota Rep. Leigh Finke, the state’s pioneering openly transgender legislator.
Addressing the assembly, Finke underscored the fundamental right to restroom usage without fear of violence, lamenting the fact that such a basic act has become perilous for marginalized communities. “The simplest act imaginable for a human is to just pee in peace, and our community is beaten and killed because that’s what we are trying to do,” Finke articulated, emphasizing the pervasive nature of such incidents. “We are here at Hopkins because this happened here, but this happens everywhere.”
In an Instagram post shared on Wednesday, Rep. Leigh Finke drew attention to what they described as “frightening similarities” between the violence endured by Cobalt Sovereign and the February assault on Oklahoma teenager Nex Benedict. While officials have stated that Benedict’s subsequent death was attributed to suicide, purportedly linked to medications found in their system, this narrative has been met with skepticism by some LGBTQ+ advocates, who demand further investigation.
Highlighting the disparities in official response, Finke expressed concern over the lack of immediate action taken by the school following both incidents. “The school did not call an ambulance. The school did not file a police report. Students and families were not notified. It wasn’t until our rally was announced yesterday that authorities began to move,” Finke wrote, juxtaposing the contrasting reactions to the two attacks. “Cobalt lived. Thank goddess. Nex did not. Please help us make sure there is no next time.”
A judge ruled on a guidance indicating that schools could lose federal funding if they discriminate against students based on gender identity or sexual orientation.
A federal judge in Texas on Tuesday determined that the Biden administration improperly attempted to reinterpret federal law prohibiting sex discrimination in schools by extending it to include LGBTQ students.
U.S. District Judge Reed O’Connor in Fort Worth, Texas, ruled in favor of a lawsuit filed by the state’s Republican Attorney General Ken Paxton. He declared that legal guidance issued by the U.S. Department of Education three years ago was invalid, asserting that the agency lacked the authority to implement it and that it could not be enforced in Texas.
The non-binding guidance indicated that schools could be denied federal funding if they discriminated against students based on gender identity or sexual orientation, such as by requiring students to use facilities that correspond to their sex assigned at birth.
A federal judge in Tennessee had already blocked the Education Department from enforcing this guidance in 20 Republican-led states that had also sued to overturn it in 2022. The Biden administration is currently appealing that decision.
The guidance was issued in response to a landmark 2020 U.S. Supreme Court ruling that extended federal workplace sex discrimination protections to LGBTQ employees. The Education Department argued that the same logic applied under Title IX, as both laws use similar language.
However, O’Connor, in a 112-page ruling, stated that the Education Department did not have the authority to apply that Supreme Court ruling to Title IX of the Education Amendments of 1972.
“To allow Defendants’ 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,” wrote O’Connor, an appointee of Republican former President George W. Bush.
The Department of Education and the U.S. Department of Justice did not immediately respond to requests for comment.
In a statement, Paxton said the ruling thwarts Democratic President Joe Biden’s “effort to weaponize Title IX for his extremist agenda.”
“Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal,” Paxton stated.
In April, the Education Department adopted formal, binding regulations applying Title IX to LGBTQ students. Tuesday’s decision does not impact those rules, which Texas and other states are currently challenging in court. However, it does indicate that these regulations could be susceptible to future legal challenges.
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