Federal court dismisses appeal of injunction issued against Biden-era Title IX rule change
A change in presidential administrations has resulted in the dismissal of an appeal by the federal government of an injunction granted to Oklahoma over a new interpretation of Title IX.
Last May, Oklahoma Attorney General Gentner Drummond filed a lawsuit against then-U.S. Education Secretary Miguel Cardona and the U.S. Department of Education concerning a new Title IX rule interpretation announced by the federal agency the previous month.
The interpretation, under the administration of former President Joe Biden, added gender identity as a protected class under the law. Cardona had announced the new Title IX rule interpretation on April 19.
In his lawsuit, Drummond argued that interpretation was unconstitutional and ignored the language within Title IX, a law passed in 1972 that prohibits sex-based discrimination in any educational program that receives financial assistance from the federal government. U.S. District Judge Jodi Dishman — an appointee of President Donald Trump during his first term — agreed and issued an injunction against the rule's enforcement in Oklahoma.
Cardona and the federal agency appealed that ruling to the 10th U.S. Circuit Court of Appeals. However, now under Trump's current administration, that appeal was dropped on Friday.
'I appreciate President Trump's willingness to dismiss the misguided appeal filed by the Biden Administration,' Drummond said in a statement. 'Oklahoma students can now rest assured they will be protected from invasions of privacy and other unnecessary harm, thanks to this responsible resolution.'
The Oklahoma State Department of Education, led by state schools Superintendent Ryan Walters, filed a separate lawsuit over the new Title IX rule interpretation on the same day as Drummond. Dishman dismissed that lawsuit in January, '(b)ecause Plaintiff did not timely serve Defendants within 90 days of the filing of this action and did not comply with the Court's order giving Plaintiff additional time to effect service.'
Nicole McAfee, the executive director of Freedom Oklahoma — an LGBTQ+ advocacy organization — expressed disappointment in Drummond's statement about the dismissal of the appeal.
"It's a shame to see our attorney general and other state leaders celebrate a decision that will further harm some of our most vulnerable youth, when we know that allowing gender-based violence against 2STGNC+ students is deadly," McAfee said. "I wish the politicians putting out celebratory statements like this cared about all kids, including the thousands of trans youth who call Oklahoma home, as much as they do their personal, political platforms."
This article originally appeared on Oklahoman: Federal court dismisses appeal of injunction over Title IX rule change
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