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A federal judge has blocked President Biden's expansion of Title IX in four states, saying mandatory gender identity protections would be an “abuse of power.”
U.S. District Judge Terry Doughty issued a preliminary injunction Thursday, calling the Biden administration's unilateral Title IX changes a “threat to democracy.”
“This case demonstrates an abuse of power by the executive branch of the federal government in the rulemaking process,” Judge Doughty wrote in his ruling. “The separation of powers and our system of checks and balances exist in this country for a reason.”
Judge Doughty ruled that the change was impermissible because the term “sex discrimination” used when Title IX was enacted “included, at the time of enactment, only discrimination against biological males and females.”
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President Biden speaks in the State Dining Room at the White House in Washington, D.C. (Michael Reynolds/EPA/Bloomberg via Getty Images)
Judge Doughty ruled that the change was impermissible because the term “sex discrimination” used when Title IX was enacted “included, at the time of enactment, only discrimination against biological males and females.”
The ruling blocks implementation of the amendment in Louisiana, Mississippi, Montana and Idaho.
Title IX is a longstanding civil rights law that prohibits discrimination on the basis of sex in schools and other educational institutions that receive federal funding.
Six states sue Biden administration over new Title IX protections for transgender athletes in girls' sports
Under the administration's new rules, sex discrimination will include discrimination based on gender identity as well as sexual orientation.
Read the judge's decision – app users click here:
The latest amendment in April expanded the definition of discrimination based on sexual orientation and gender identity, but critics say the move undermines hard-won protections for women and girls.
The provision would prevent schools from separating or treating students differently on the basis of gender, except in limited circumstances.
Critics say the change would allow locker rooms and bathrooms to be assigned based on gender identity.
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LGBTQ+ students who face discrimination have a right to accommodations from their school under Title IX, and students who are rejected by a school can seek relief from the federal government.
Advocates have hailed the changes as necessary to protect transgender students, and the rules are set to go into effect on August 1.
Like the Louisiana lawsuit, lawsuits challenging the Biden administration's changes are underway in states across the country.
Fox News' Elizabeth Elkind and Joshua Q. Nelson contributed to this report.