Judge Terry A. Doughty said the rule goes against the original purpose of Title IX by protecting trans students, so he blocked its enforcement in Louisiana, Mississippi, Idaho, and Montana.
I know people will have much more radical stances on this, but it doesn’t sound like that Title IX is limited to discrimination of biological gender only. It looks to me like they were trying to aim higher, for discrimination in general. At least if I get the jist of the Title. That would make this ruling legally questionable as well. This raises more issues because in case of intentionality this might become a separation of powers issues where the judicial branch is trying to make a law something that it isn’t, therefore acting in the role of the legislative branch. That’s some serious shit.
I’m saying this because obviously morally this is repulsive already, but I wanted to show that legally there’s some shaky stuff going on as well imo.
I know people will have much more radical stances on this, but it doesn’t sound like that Title IX is limited to discrimination of biological gender only. It looks to me like they were trying to aim higher, for discrimination in general. At least if I get the jist of the Title. That would make this ruling legally questionable as well. This raises more issues because in case of intentionality this might become a separation of powers issues where the judicial branch is trying to make a law something that it isn’t, therefore acting in the role of the legislative branch. That’s some serious shit.
I’m saying this because obviously morally this is repulsive already, but I wanted to show that legally there’s some shaky stuff going on as well imo.
Obligatory IANAL.
Actually, SCOTUS had expanded the Civil Rights Act to protect gender identity, so not too crazy to think they could do so with Title IX too