Judge John Broomes of the District of Kansas last week rejected the Biden administration’s appeal to limit or postpone a court order that prevents the Education Department from implementing its new Title IX regulations at numerous colleges nationwide. The new regulations, set to take effect on August 1 and aimed at enhancing protections for LGBTQ+ students, had already been blocked in 11 states.
Last Friday, Judge Broomes addressed concerns about the injunction’s impact on enforcement. He stated that any difficulties arising from the order are the Education Department’s responsibility. The judge implied that the department should have anticipated potential legal challenges and prepared accordingly.
Critics have raised concerns about the aggressive enforcement of Title IX regulations by colleges, especially in matters related to sexual conduct. Some authors, including Laura Kipnis, contend that these regulations have given excessive power to investigators who often:
- Threaten academic freedom and due process
- Assume suspects are guilty from the outset
- Hold men entirely accountable for the results of social interactions
- Impose strict rules on personal relationships
Emily Yoffe, in her piece for The Atlantic, challenged the Title IX process on multiple grounds. She argued that it:
- Fails to provide fair treatment to accused individuals
- Relies on questionable scientific foundations
- Exhibits racial bias against students of color
The temporary injunction issued several weeks ago applies to Alaska, Kansas, Utah, and Wyoming, as well as any educational institution attended by members of conservative groups like Young America’s Foundation, Female Athletes United, and Moms for Liberty.
According to court documents, this order impacts more than 670 colleges and universities across 50 states and territories. These organizations have leveraged the injunction to attract new members, potentially expanding its scope to additional institutions. The Biden administration’s legal team argued that Judge Broomes should confine the injunction to colleges where these organizations had members at the time of his ruling. However, their request was denied.
