联邦法官阻止拜登重写第九条
Federal Judge Blocks Biden's Rewrite Of Title IX

原始链接: https://www.zerohedge.com/political/federal-judge-blocks-bidens-rewrite-title-ix

据美国广播公司新闻报道,肯塔基州的一名联邦法官因拜登政府提出的新的“第九条”规定的“任意性”性质而停止执行。 这些法规旨在扩大第九条中“性别”的定义,将“性别认同”包括在内。 然而,丹尼尔·里夫斯法官发现这一解释与第九条的原文相冲突,因此他授予了初步禁令。 此封锁适用于肯塔基州、印第安纳州、俄亥俄州、田纳西州、弗吉尼亚州和西弗吉尼亚州。 其他十个州也做出了类似的裁决:爱达荷州、路易斯安那州、密西西比州、蒙大拿州。 来自二十多个共和党领导的州的总检察长对这些政策提起了多起诉讼,声称它们违反了第九条。 批评者认为,新规则对被告施加了不公平的举证责任,并侵犯了学生的权利。 教育部坚称第九条禁止性别歧视,并计划在捍卫新规定的同时继续争取学生保护。 下一项裁决可能会影响阿肯色州、爱荷华州、密苏里州、内布拉斯加州、北达科他州和南达科他州的申请。 司法审查是在校园性骚扰定义扩大引发争议之后进行的,引发了人们对调查可能存在偏见的担忧。

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原文

Authored by Eric Lundrum via American Greatness,

On Monday, the Biden Administration’s attempt to rewrite federal Title IX regulations was temporarily blocked by a federal judge in Kentucky.

As ABC News reports, United States District Judge Danny Reeves described Biden’s new regulations as “arbitrary in the truest sense of the word.”

“At bottom, the department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity,’” Judge Reeves continued.

“But ‘sex’ and ‘gender identity’ do not mean the same thing. The department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.”

His ruling granted a preliminary injunction, thus blocking implementation of the new rules in the states of Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia. Another federal judge had similarly blocked the rollout of the new regulations in the states of Idaho, Louisiana, Mississippi, and Montana, thus bringing the total number of states to 10.

The decisions come after attorneys general in over 20 Republican-led states have filed seven different lawsuits against the new policy, which changes Title IX protections from being based strictly on gender to including protections for so-called “transgender” students, including those who want to use facilities that are designated for the opposite gender; the Biden Administration has claimed, however, that the new rules do not apply to sports.

Another preliminary injunction request is currently under review by another judge; if the judge sides with the states, it would further block implementation of the new rules in the states of Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota. Biden’s Education Department (ED) has asked the judge to deny the states’ request.

The new Title IX rules, set to take effect in August, would also have expanded the definition of “sexual harassment” on college campuses in a manner that critics say would be far too harsh against the accused and thus result in unfair burdens of proof placed on the accused, rather than the presumption of innocence.

In a statement celebrating Judge Reeves’ ruling, Kentucky Attorney General Russell Coleman (R-Ky.) declared that “the judge’s order makes clear that the U.S. Department of Education’s attempt to redefine ‘sex’ to include ‘gender identity’ is unlawful and beyond the agency’s regulatory authority.”

In response, the Education Department released a statement vowing to “continue to fight for every student” as it defends the new Title IX rules.

“Title IX guarantees that no person experience sex discrimination in a federally funded educational environment,” said the agency in a statement. “The department crafted the final Title IX regulations following a rigorous process.”

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