{"id":2295752,"date":"2024-07-16T03:20:02","date_gmt":"2024-07-16T07:20:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/bidens-bathroom-policy-misreads-scotuss-bostock-decision\/"},"modified":"2024-07-16T03:26:47","modified_gmt":"2024-07-16T07:26:47","slug":"bidens-bathroom-policy-misreads-scotuss-bostock-decision","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/bidens-bathroom-policy-misreads-scotuss-bostock-decision\/","title":{"rendered":"Biden&#8217;s Bathroom Policy Misreads SCOTUS&#8217;s Bostock Decision"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">14<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fbidens-bathroom-policy-misreads-scotuss-bostock-decision%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2295752&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The Biden administration has been attempting\u2062 to use the 2020 Supreme\u200b Court case\u200c on employment discrimination, Bostock v. Clayton \u200bCounty, to justify new federal \u2064regulations under Title IX that would force girls to share school facilities with boys. However, federal courts in multiple \u200cstates have issued injunctions against\u2063 these regulations, \u2064arguing that Bostock only\u200d applies to employment \u200bdiscrimination and does\u200b not redefine \u200csex to include &#8220;gender \u2062identity&#8221; as the Biden\u200d administration claims.\u200c The administration&#8217;s new regulations\u200b ignore key differences between \u200bTitle VII and Title IX and go against \u2062long-standing cultural norms. Title \u2062IX, unlike Title VII, focuses on <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/republicans-urge-bernie-sanders-to-hold-hearing-on-campus-antisemitism\/\" title=\"Republicans call on Bernie Sanders to convene a hearing on campus antisemitism.\">equal educational opportunities<\/a> for \u200dwomen and girls and allows for \u2062separation based on biological sex\u200d in \u2064certain contexts. \u2064the \u2062Biden administration&#8217;s interpretation of Bostock \u2063is \u200bseen as overly broad and \u200bgoes against legal precedent and common\u2063 sense.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>After nearly four years of leftist governance, Americans know the Biden administration habitually plays fast and loose with the law. This habit has been especially egregious in education, where the administration hopes to parlay the 2020 Supreme Court case on employment discrimination, <em>Bostock v. Clayton County<\/em>, into authority for new federal regulations under Title IX, a law that prohibits sex discrimination in education. Not only are the new regulations legally dubious, but they also defy common sense as they would force girls to share school bathrooms, showers, and locker rooms with boys.  <\/p>\n<p>Fortunately, the new regulations recently hit a major roadblock when federal courts in Louisiana, Kentucky, Kansas, and Texas issued preliminary <a href=\"https:\/\/www.edweek.org\/policy-politics\/bidens-title-ix-rule-is-now-blocked-in-14-states\/2024\/07\" target=\"_blank\" rel=\"noreferrer noopener\">injunctions<\/a> against them, with additional injunctions in other courts likely to follow. These courts correctly rejected the Biden administration\u2019s argument that <em>Bostock<\/em> creates some equivalence between hiring and firing employees and showering in high school locker rooms. <\/p>\n<p>On the day he was inaugurated, President Biden <a href=\"https:\/\/www.whitehouse.gov\/briefing-room\/presidential-actions\/2021\/01\/20\/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation\/\" target=\"_blank\" rel=\"noreferrer noopener\">directed<\/a> all federal agencies to revise their policies to reflect the reasoning of the <em>Bostock <\/em>decision. <em>Bostock<\/em> held that the prohibition on employment discrimination in Title VII of the Civil Rights Act because of an individual\u2019s sex includes terminating an employee simply for being gay or transgender. The court concluded that under the statute\u2019s text, \u201csex plays a necessary and undisguisable role\u201d in such termination decisions.  <\/p>\n<p>President Biden\u2019s inaugural directive culminated in the issuance of the new regulations under Title IX. Litigation over the regulations centers principally on their redefinition of sex to include \u201cgender identity,\u201d which will have the effect of forcing boys and girls to share school bathrooms, locker rooms, and lodging on overnight field trips. <\/p>\n<p>The Biden administration\u2019s new regulations badly misconstrue <em>Bostock<\/em>. The <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dems-abandon-billionaire-tax-that-faced-constitutional-hurdles\/\" title=\"Dems Abandon Billionaire Tax That Faced Constitutional Hurdles\">court made clear<\/a> that its decision applied to Title VII only, and it expressly declined to predetermine whether <em>Bostock<\/em> would \u201csweep beyond Title VII\u201d to affect any other law prohibiting sex discrimination. Furthermore, the court assumed that the term sex in Title VII referred only to biological distinctions between males and females. Nowhere did <em>Bostock<\/em> redefine the term to include \u201cgender identity\u201d or \u201ctransgender status.\u201d  <\/p>\n<p>Notwithstanding the narrowing language in the majority opinion, the dissenting justices predicted that activists would seek to leverage <em>Bostock<\/em> beyond Title VII. And as if on cue, the Biden administration published the new Title IX regulations. <\/p>\n<p>Citing <em>Bostock <\/em>as authority for the regulations, the Biden administration insists that the term sex as used in Title IX includes not only biological sex but also \u201cgender identity.\u201d Although nothing in <em>Bostock<\/em> requires employees to disrobe, shower, or go to the bathroom in close proximity to members of the opposite sex, the new Title IX regulations would require schoolchildren to do so.  <\/p>\n<p>Besides reading <em>Bostock<\/em> too broadly, the new regulations ignore crucial differences between Title VII and Title IX, as well as long-standing cultural norms and simple common sense. Although some superficial similarity exists between the two statutes, the Supreme Court has recognized that they are vastly different. This is not surprising given that Title VII focuses exclusively on hiring and firing employees, whereas Title IX\u2019s entire purpose is to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-left-embraces-separate-but-equal\/\" title=\"The Left supports &#039;Separate But Equal\">ensure equal educational opportunities<\/a> for women and girls.  <\/p>\n<p>Many of Title IX\u2019s provisions recognize biological distinctions between the two sexes, and Congress made clear that separation based on biological sex does not <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/boston-university-requires-faculty-to-say-they-should-intervene-if-a-woman-is-encouraged-to-have-children\/\" title=\"Boston University Requires Faculty To Say They Should \u2018Intervene\u2019 If a Woman Is Encouraged To Have Children\">constitute illegal discrimination<\/a> in certain contexts. For example, Title IX expressly allows schools to \u201cmaintain separate living facilities for the different sexes,\u201d and until the new ones, regulations under the statute had since 1975 allowed for separate toilets, locker rooms, and shower facilities. Title VII has no similar provisions. <\/p>\n<p>An additional textual difference is that, while Title IX prohibits discrimination on \u201c<em>the<\/em> basis\u201d of sex alone, Title VII more broadly prohibits discrimination even where sex is only one of several motivating factors.  <\/p>\n<p>Lastly, Congress relied on separate sources of constitutional authority when it enacted the two statutes. While Title VII is framed as a general, outright prohibition, Title IX allows an institution to receive federal funding if it promises not to discriminate based on sex. The latter authority is more limited and requires that Congress not impose new conditions on its agreement to provide funding. For over 50 years, schools had been given no clue that by accepting federal funds, they would someday be required to discard the common, public understanding of sex. <\/p>\n<p>By allowing males who identify as female to access locker rooms, showers, and other intimate spaces, Biden\u2019s regulations subvert Title IX\u2019s original purpose. The new rule turns a statute designed to stop discrimination against women into one that exposes women and girls to invasions of privacy, embarrassment, physical insecurity, and an increased risk of sexual assault. <\/p>\n<p>The federal judge in Louisiana who issued the preliminary injunction rightly criticized the new rule as an \u201cabuse of power\u201d and a \u201cthreat to democracy.\u201d The Biden administration simply has no constitutional authority to redefine fundamental statutory terms such as sex; such changes must come from Congress. Recognizing that Congress is unlikely to amend Title IX to accommodate its <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/gop-the-fight-against-critical-race-theory-has-only-just-begun\/\" title=\"GOP: The Fight Against Critical Race Theory Has Only Just Begun\">radical gender ideology<\/a>, the Biden administration wants to shortcut the legislative process.  <\/p>\n<p>Fortunately, courts do not appear inclined to let them get away with it. The Supreme Court will undoubtedly soon be asked to clarify <em>Bostock<\/em>\u2019s breadth, as well as the increasingly common intersection between identity politics and the law. In the meanwhile, schools in the 15 states covered by the preliminary injunctions will not have to turn a blind eye to biology or common sense. <\/p>\n<hr>\n<p>      Donald A. Daugherty, Jr. is Senior Litigation Counsel for the Defense of Freedom Institute. DFI is co-counsel with the Attorneys General for the states of Louisiana, Mississippi, Montana, and Idaho, which won the first injunction against the new Title IX regulations.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>After almost four years of liberal leadership, Americans have learned that the Biden administration often bends the rules. This is especially evident in education, where they are trying to use a Supreme Court case on employment discrimination to justify new federal regulations under Title IX. These regulations would require girls to share facilities with boys, which goes against common sense. Fortunately, several federal courts have issued preliminary injunctions against these regulations, pointing out that the administration is misinterpreting the Supreme Court case. The Biden administration is trying to expand the scope of the case to justify their actions, but this is not supported by the court&#8217;s decision. The new regulations ignore the differences between Title VII and Title IX, as well as long-standing norms and common sense. The administration&#8217;s attempt to redefine sex in Title IX to include gender identity is seen as an overreach of power and a threat to democracy. The courts are pushing back against these changes, and the Supreme Court may soon have to weigh in on the matter. In the meantime, schools in certain states are not required to comply with these controversial regulations<\/p>\n","protected":false},"author":3302,"featured_media":2295753,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/07\/Bathroom-e1721064172511.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[35172,3620,6994],"class_list":["post-2295752","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-bathroom-policy","tag-biden","tag-scotus"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/07\/Bathroom-e1721064172511.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2295752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3302"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2295752"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2295752\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2295753"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2295752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2295752"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2295752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}