In a significant judicial decision, a U.S. district judge has issued a preliminary injunction, halting the Biden administration’s effort to expand Title IX protections to include gender identity. This ruling, which favors Texas and Montana, is poised to influence the 2024 presidential election as it touches on a contentious issue.
Judge Jeremy Kernodle ruled that the Department of Health and Human Services (HHS) cannot mandate state healthcare providers to offer gender-affirming care under the threat of losing federal funding. This decision is part of a broader judicial trend resisting the extension of Title IX to cover gender identity issues, as reported by The Epoch Times on Saturday.
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In May 2024, HHS released a Final Rule expanding Title IX’s definition, which originally aimed to prevent discrimination based on sex in public education. The 2016 expansion included protections against gender identity discrimination to align with Section 1557 of the Affordable Care Act (ACA). However, Judge Kernodle pointed out that when the ACA was enacted in 2010, no agency or court had interpreted “on the basis of sex” to mean “on the basis of gender identity.”
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