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Attorney General Morrisey: Federal judge issues preliminary injunction in Title IX, Student Privacy and Fairness for Women in Education case

CHARLESTON, W.Va. — West Virginia Attorney General Patrick Morrisey on Monday said the U.S. District Court for the Eastern District of Kentucky Northern Division has issued a preliminary injunction against the Biden administration’s recent Title IX regulation. That injunction restrains the U.S. Department of Education “from implementing, enacting, enforcing, or taking any action in any manner to enforce the Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Assistance… “

The Attorney General co-led a six-state coalition in suing the DoE, challenging its overhaul of Title IX of the Educational Amendments Act, which would harm West Virginia students, families and schools, a press release from the Attorney General’s office stated.

“This is a big victory for women and girls because the Title IX revisions being pushed by the Biden administration would have ended sex-based protections for biological women in locker rooms, bathrooms, sports and elsewhere, plain and simple,” Attorney General Morrisey said. “This is a retreat from the progress women have made.”

Title IX prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. It has always allowed the sex-segregated spaces—like bathrooms and locker rooms—that are ubiquitous across the nation.

The DoE wants to abolish sex-based distinctions in educational activities and programs and force states like West Virginia to accept radical gender ideology in their schools, the press release states. If DoE’s unauthorized rewrite of Title IX is allowed to stand, West Virginia schools could allow males self-identifying as female—in every grade from preschool through college—to use girls’ and women’s bathrooms and locker rooms, play on girls’ and women’s sports teams, and access other female-only activities and spaces or risk losing billions in federal funding.

The sweeping Title IX mandate would upend schools’ long-lawful practices protecting student privacy, unfairly undermine women’s academic and athletic achievements and related advancement in society, and punish states for following their laws. Federal bureaucrats have no right to rewrite the statutes Congress passes, let alone fundamentally change what it means to be a man or a woman, the press release continues.

“We must honor and defend the success of Title IX to guarantee its benefits flow to the generations of girls and women to come,” Attorney General Morrisey said.

Indiana, Ohio and Virginia joined the West Virginia-, Tennessee-, and Kentucky-led lawsuit.

Read a copy of the order here.

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