(LibertySons.org) – The complex process that makes up the US judicial system exists for a reason. The right of appeal, from local courts all the way to the Supreme Court of the United States, is a fundamental principle of our democratic republic system of government. Among other things, it allows ordinary citizens and government agencies to challenge legislation they don’t agree with and feel goes against our constitution. That’s what’s happening now in a challenge to the Department of Education (DOE)’s proposed new Title IX regulations.
According to the DOE fact sheet regarding the new Title IX rules, which were adopted on April 19 and strengthen protections for all students, particularly those in the LQBTQI+ category, the rules make it illegal to discriminate against anyone based on gender, pregnancy status, gender identification, and sexual orientation.
The new rules would require any institution that receives federal funding to prevent discrimination and grant anyone who feels they have been discriminated against a path to redress from the federal government if needed. The rules were scheduled to take effect on August 1.
By April 30, shortly after the proposed rules were announced, 15 states filed a series of lawsuits to block the rules’ enforcement. One of them represented Ohio, Indiana, Kentucky, Tennessee, and West Virginia and was filed in the Eastern District of Kentucky. On June 17, US District Judge Danny C. Reeves issued a preliminary injunction blocking it in this case. Other challenges have also been blocked or are currently still in process.
Reeves’ decision was then appealed to the 6th US Circuit Court of Appeals. The three-judge panel agreed with the district court and upheld the preliminary injunction, effectively blocking the enforcement of the new rules. In its decision, the panel stated that they felt the lower court “likely concluded correctly that the Rule’s definition of sex discrimination exceeds the (U.S. Education) Department’s authority.”
The final decision in all the cases pending against the new rules is likely to be made by the Supreme Court after all the appeals are said and done. And that’s just the way the system is supposed to work.
~Here’s to Our Liberty!
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