Moms for Liberty & Other Plaintiffs Defeat US Dept. of Ed. in Title IX Legal Battle.
Indian River mom and Moms for Liberty co-founder, Tiffany Justice, speaks to The Sunshine Journal celebrating a victory for parental rights. Peggy Jones and David Dyer on the Wrong Side of the Law.
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Mamma Liberty’s victory
On July 2nd, United States district judge in the state of Kansas, John W. Broomes, issued a blistering decision against the US Department of Education (DOE) granting an injunction and preventing the new Title IX Rule from going into effect on August 1, 2024. The DOE’s Title IX Rule concerned the definition of ‘sex’ being defined as ‘gender identity’ over the scientific and historical terminology, ‘biological sex,’ or, ‘male and female.’ As quoted in the Title IX resolution initiated by Jackie Rosario and passed 4-1 at the Indian River County school board, “Title IX, enacted by Congress in 1972, provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” adding, “Title IX was passed to ensure that females and males receive equal educational opportunities.”
Moms for Liberty joined the case as plaintiffs with the states of Kansas, Utah, Alaska and Wyoming, an individual student plaintiff, and the Young America Foundation which has conservative chapters on college campuses nationwide. Reached for comment today, co-founder of Moms for Liberty, Tiffany Justice said, “Gender ideology does not belong in public schools and we are glad the courts made the correct call to support parental rights. Moms for Liberty members will always stand up for the rights of parents and the protection of children.”
The injunction was not mandated nationwide. The four states are included in it. Judge Broomes also granted injunctive relief to every school where Moms for Liberty parents have children attending and on every college campus that has a Young America Foundation member. Moms for Liberty has a chapter in every state but Utah and Vermont. In Indian River County, Moms for Liberty kids are in most schools. Judge Broomes gave parents until July 15, 2024 to join these groups and be covered under the injunction. Mrs. Justice commented, “If you are a Moms for Liberty member, your child’s school is protected from these new regulations. All parents must have their voices heard and their right to raise their own children is part of the very fabric of a free America. The federal government has no right to claim our children as their own, or to push parents out of the classroom.”
Orignial intent
From Congress’s enactment 52 years ago, Title IX has always referred to the two biological sexes, male and female, in its implementation and interpretation. Earlier this year, when the DOE changed the definition of ‘sex’ to mean ‘gender identity,’ many common sense citizens and and elected officials were appalled. The new rule condoned the ability of men to use women’s bathrooms, pronoun policing, the chilling of religious liberty and free speech as well as being out of step with federal and state laws. “It’s insane to assume Title IX protection for every sex, gender identity, ideology, and, in every kind of situation one might choose. For this, we should just remove Title IX altogether. It’s become the antithesis of what it was originally intended in 1972.” said board member Ms. Rosario, adding, “ To this point, I’m glad I introduced a resolution ensuring our district will not create policies or procedures in accordance with the new amendments.”
A sweeping analysis
In his opinion, Judge Broomes noted that the DOE’s reasoning “ was arbitrary and capricious” because it lacked statutory authority to change the original definition of sex that congress held in 1972. The new ‘gender identity’ definition was contrary to the intent of Title IX law and 50 years of subsequent decisions based on original Title IX protections for women. Judge Broome wrote, “After review, the court finds that the unambiguous plain language of the statutory provisions and the legislative history make clear that the term ‘sex’ means the traditional concept of biological sex in which there are only two sexes, male and female.”
Judge Broomes also found some arguments of the DOE’s lawyers a bit dumbfounding. Noting their logic concerning Title IX that has exemptions for all-male and all-female institutions, Judge Broome wrote, “Essentially, under DOE’s interpretation, a recipient may deny the request of a male student who identifies as female to live in a female dormitory because that is a living facility. By contrast, a recipient may not deny that same male student access to the girls’ restroom, shower, or locker room because the regulation that allows sex separate facilities for restrooms and locker rooms will now be subject to the new rule under which such conduct is categorically deemed to result in more than ‘de minimis’ harm to a transgender person. DOE’s justification is that Congress has allowed sex segregation in, and only in, those limited circumstances identified in the statutory text.”
Judge Broome also found the DOE Rule unconstitutional and illegal. His court is the “5th federal court to to tell the Biden Administration to go pound sand over it’s rule making that eviscerates women’s equality, free speech and due process on campus,” posted the Heritage Foundation’s Senior Legal Fellow, Sarah Parshall Perry on X.
Important election issue
The Sunshine Journal reached out to other board members for comment. Kevin McDonald said, “"I am gratified that the Federal court had confirmed our IRC School Board's Resolution to protect girls. I am shocked that our opponents in this School Board election would stand behind such a radical overthrow of our culture and of our written laws.”
His opponent is David Dyer, who also endorsed Dr. Peggy Jones, the only board member to vote against the Title IX resolution last month. Neither Dr. Jones or Mr. Dyer responded to request for comment. It is presumed his thoughts are aligned with Dr. Jones.
The Sunshine Journal did ask Tiffany Justice about the local election concerning the school board she once served. She said, “Kevin McDonald and Rob MacCallum both understand the importance of women's rights and parental rights protection. They have my vote for representing my family on the School Board of Indian River County.”