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Texas judges issue additional rulings blocking Title IX revisions

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Texas Attorney General Ken Paxton

From The Center Square

Rule change blocked in 15 states

Two federal judges have ruled in favor of Texas and Texas plaintiffs in separate lawsuits filed to block a Biden administration Title IX rule change from going into effect.

Texas is now the 15th state where the revisions are blocked from going into effect ahead of an Aug. 1 deadline.

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas Amarillo Division on Friday granted the state’s request in a lawsuit filed by the state and two University of Texas at Austin professors. Kacsmaryk enjoined the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action any manner to enforce” a new rule that revised Title IX pending the resolution of the case.

“The Final Rule inverts the text, history and tradition of Title IX: the statute protects women in spaces historically reserved to men; the Final Rule inserts men into spaces reserved to women,” Kacsmaryk said in his 32-page ruling.

In response, Texas Attorney General Ken Paxton, said, “Texas has successfully blocked Biden’s Department of Education from destroying Title IX protections for women and forcing radical ‘transgender’ ideology on Texas schools. Biden’s rule would have forced our schools to accommodate biological men on women’s sports teams and in female bathrooms, showers, and locker rooms, and required students and teachers to use incorrect pronouns. A federal judge has halted Biden’s rule pending a final ruling. It’s an honor to defend our State from Biden’s unlawful subversion of Title IX.”

Also on Friday, U.S. District Judge Reed O’Connor issued a preliminary injunction against the rule in favor of Carroll Independent School District. In May, the district’s board of trustees, represented by Alliance Defending Freedom, passed a resolution denouncing the Title IX changes and sued asking the court to block it from going into effect.

Also in May, Texas Gov. Greg Abbott instructed the Texas Education Agency and Texas colleges and universities not to comply with the changes, The Center Square reported. In the last two legislative sessions, Abbott signed bills into law to strengthen student safety and “protect the integrity of women’s sports by prohibiting men from competing against female athletes.” Abbott said, “I will not let President Biden erase the advancements Texas has made.”

Judge O’Connor said in his ruling, “The compliance costs also go beyond monetary harm given the potential to infringe on constitutional rights. Privileging gender identity over biological sex is in no way authorized by the statutory text. And the consequences based on this statutory distortion appear limitless. For these reasons, and those stated by other federal courts, Carroll ISD is likely to succeed on the merits of their challenge to the final rule.”

The rulings were issued after O’Connor in June vacated a guidance issued by the DOE and the Department of Justice requiring schools to implement similar policies to the rule change before it was finalized. He also issued a permanent injunction against its enforcement in Texas, The Center Square reported.

Texas sued in June 2023 over the agencies’ mandates; the agencies are responsible for administering and enforcing Title IX.

At issue is Title IX, part of the Education Amendments Act of 1972, which states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The law was enacted at a time when women and girls had limited athletic opportunities. Despite widespread opposition, including from women’s groups, the Biden administration began amending Title IX through several methods, arguing doing so would “advance educational equity and opportunity for women and girls across the country.”

It’s guidances and rule changes redefine biological sex to include “sexual orientation” and “gender identity.”

In response, 18 AGs argued the changes “demolished” women’s and girls’ rights, “making a mockery of Title IX’s fundamental organization principle – basic biology.”

After the Biden administration finalized the rule, multiple states sued. Texas sued on its own. Louisiana, Mississippi, Montana and Idaho filed a lawsuit. Alaska, Kansas, Utah and Wyoming filed another. Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia filed a separate lawsuit. Alabama, Florida, Georgia and South Carolina filed another.

So far, federal judges have ruled against the Biden administration.

In June, Louisiana, U.S. District Judge Terry Doughty was the first to rule against the administration, blocking the administration’s changes from going into effect in Louisiana, Mississippi, Montana and Idaho.

O’Connor also ruled against the agency Title IX mandates in June.

In Kansas, U.S. District Judge Danny Reeves blocked the rule change from going into effect in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia.

Then in July, in Kansas, District Judge John Broomes ruled against the administration, blocking the changes from going into effect in Alaska, Kansas, Utah and Wyoming. And Judge Kacsmaryk blocked the rule from going into effect in Texas.

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DEI

University System of Georgia to ban DEI, commit to neutrality, teach Constitution

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The University of Georgia in Athens

From The Center Square

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“The basis and determining factor” for employment will be “that the individual possesses the requisite knowledge, skills, and abilities associated with the role, and is believed to have the ability to successfully perform the essential functions, responsibilities, and duties associated with the position for which the individual is being considered.”

The University System of Georgia’s Board of Regents has recommended a number of new and revised policies for its institutions, such as a commitment to institutional neutrality, the prohibiting of DEI tactics, and a mandatory education in America’s founding documents.

The University System of Georgia (USG) is made up of Georgia’s 26 public colleges and universities as well as Georgia Archives and the Georgia Public Library Service.

“USG institutions shall remain neutral on social and political issues unless such an issue is directly related to the institution’s core mission,” the board’s proposed revisions read.

“Ideological tests, affirmations, and oaths, including diversity statements,” will be banned from admissions processes and decisions, employment processes and decisions, and institution orientation and training for both students and employees.

“No applicant for admission shall be asked to or required to affirmatively ascribe to or opine about political beliefs, affiliations, ideals, or principles, as a condition for admission,” the new policy states.

Additionally, USG will hire based on a person’s qualifications and ability.

“The basis and determining factor” for employment will be “that the individual possesses the requisite knowledge, skills, and abilities associated with the role, and is believed to have the ability to successfully perform the essential functions, responsibilities, and duties associated with the position for which the individual is being considered.”

Beginning in the 2025-2026 academic year, the school’s civic instruction will require students to study founding American documents among other things.

USG students will learn from the Declaration of Independence, the United States Constitution and Bill of Rights, the Articles of Confederation, the Federalist Papers, the Gettysburg Address, the Emancipation Proclamation, and Martin Luther King Jr.’s Letter from Birmingham Jail, as well as the Georgia Constitution and Bill of Rights.

When reached for comment, the Board of Regents told The Center Square that “these proposed updates strengthen USG’s academic communities.”

The recommended policies allow a campus environment “where people have the freedom to share their thoughts and learn from one another through objective scholarship and inquiry,” and “reflect an unyielding obligation to protect freedom, provide quality higher education and promote student success,” the board said.

The board told The Center Square that it proposed strengthening “the requirements for civics instruction” with the inclusion of “foundational primary sources” because of higher education’s duty to students.

Colleges and universities “must prepare [students] to be contributing members of society and to understand the ideals of freedom and democracy that make America so exceptional,” the board said.

As for ditching DEI, the board explained that “equal opportunity and decisions based on merit are fundamental values of USG.”

“The proposed revisions among other things would make clear that student admissions and employee hiring should be based on a person’s qualifications, not his or her beliefs,” the board said.

The Board of Regents also said it wants to “ensure [its] institutions remain neutral on social and political issues while modeling what it looks like to promote viewpoint diversity, create campus cultures where students and faculty engage in civil discourse, and the open exchange of ideas is the norm.”

USG’s Board of Regents recently urged the NCAA to ban transgender-identifying men from participating in women’s sports, in line with the NAIA rules, The Center Square previously reported.

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Censorship Industrial Complex

G20’s Online Speech Clampdown Calls Set To Ignite Free Speech Fears

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G20 leaders convened in Rio de Janeiro have called for enhanced responsibility and transparency from digital platforms to tackle the growing challenges of “misinformation,” “disinformation,” “hate speech,” and others on their long list of supposed online “harms.”

The summit’s final declaration highlighted the transformative role of digital platforms in global communication but noted the adverse effects of digital content’s rapid spread. It called for increased accountability from platforms to manage speech, which should raise eyebrows among free speech advocates who’ve heard all this before.

We obtained a copy of the declaration for you here.

During the summit, the leaders highlighted the transformative impact of digital platforms in communication and information dissemination across the globe. However, they also alleged negative ramifications of unchecked digital spaces, where “harmful” content can proliferate at an unprecedented pace and scale.

In response, the G20’s final declaration underscored the critical role of digital platforms in ensuring their ecosystems do not become breeding grounds for speech they don’t like.

The declaration states: “We recognize that digital platforms have reshaped the digital ecosystem and online interactions by amplifying information dissemination and facilitating communication within and across geographical boundaries. However, the digitization of the information realm and the accelerated evolution of new technologies, such as artificial intelligence (AI), has dramatically impacted the speed, scale, and reach of misinformation and disinformation, hate speech, and other forms of online harms.”

The G20 goes on to say that it emphasizes the “need for digital platforms’ transparency and responsibility in line with relevant policies and applicable legal frameworks and will work with platforms and relevant stakeholders in this regard.”

The declaration even says more measures need to be taken to control what it says is the spread of online misogyny and the need to combat it “online and offline.”

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