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When the Biden Administration released their changes in the implementation of Title IX, State Superintendents and school districts across the country threw up their hands and stepped up to abide by the new rule.
All except South Carolina and Louisiana.
South Carolina State Superintendent of Schools Ellen Weaver stated:
"Under the guise of ‘fairness,’ the U.S. Department of Education seeks to expand the long-standing prohibition against discrimination based on ‘sex’ to include ‘sex stereotypes, sex-related characteristics, pregnancy or related conditions, sexual orientation, and gender identity.’ ” Weaver wrote in the letter obtained by the SC Daily Gazette. “This is not fairness: it is fiat.”
Weaver went on to issue guidance to school districts in her state:
“We fully anticipate this rule will be tied up in litigation for some time and, eventually, will be struck down or modified, in whole or in part, by the federal courts,” Weaver wrote, before telling school officials her department recommended districts not implement the rule at this time.
South Carolina did not stand alone.
In a letter sent Monday to school system leaders and board members, Cade Brumley, Louisiana’s Superintendent of Education, said the new Title IX rules are likely conflict with Louisiana law, and schools “should not alter policies or procedures at this time.”
Brumley added that the new ruling would infringe on first amendment rights by requiring students, staff etc. to use a person's "preferred pronouns."
Conservative organizations such as the Alliance Defending Freedom are planning on suing the Biden Administration over the ruling.
"All options are on the table," Brumley stated. The Louisiana State Department of Education will explore options to challenge the law.
The Biden Administration issued the ruling on Friday, April 19th. The guidance from the Department of Education included:
Key parts of the ruling are:
The ruling stopped just short of addressing the issue of men identifying as women competing in women's sports.
The rest of the ruling will take effect in August 2024.
It remains to be seen if other states will follow South Carolina and Louisiana.