The order prohibits the Biden Department of Education from enforcing the new rule against the states of Kansas, Alaska, Utah, and Wyoming, as well as every school attended by the members of Young America’s Foundation and the children of Moms for Liberty members.
TOPEKA, KS (July 2, 2024): In a landmark ruling, a federal court in Kansas issued an opinion halting the Biden Department of Education’s Title IX changes in a lawsuit brought by Southeastern Legal Foundation (SLF) and Mountain States Legal Foundation (MSLF) on behalf of their clients Moms for Liberty and Young America’s Foundation. The organizations joined the states of Kansas, Wyoming, Utah, and Alaska, as well as other students and interest groups, in challenging the Department of Education’s blatant disregard for the First Amendment rights of K-12 and college students.
The members of Moms for Liberty and Young America’s Foundation are parents and students in K-12 schools and colleges who fear sharing their true views—including the view that gender is not fluid, that there are only two genders based on biological sex, and that private spaces on campuses should be kept sex-segregated—in light of the Biden Administration’s unconstitutional changes to the definition of “sex” under Title IX. Under the Department of Education’s new rule, “sex” no longer means male or female but includes gender identity and sex stereotypes, so anyone who speaks out against gender identity, fails to recognize a classmate’s “preferred pronouns,” or speaks up for their physical safety and right not to have to undress in front of the opposite biological sex can be punished for harassment.
As the parties explained in the briefing before the court, this will have devastating consequences for free speech. The court agreed, ruling that the new rule is so vague that students will be forced to self-censor rather than risk punishment. The order prohibits the Biden Department of Education from enforcing the new rule against the states of Kansas, Alaska, Utah, and Wyoming, as well as every school attended by the members of Young America’s Foundation and the children of Moms for Liberty members.
Read the court order here.
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