Judge’s order greatly expands where Biden can’t enforce a new rule protecting LGBTQ students
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Enforcement of a federal rule expanding anti-discrimination protections for LGBTQ students has been blocked in four states and a patchwork of places elsewhere by a federal judge in Kansas.
TOPEKA, Kan. — Enforcement of a federal rule expanding anti-discrimination protections for LGBTQ students has been blocked in four states and a patchwork of places elsewhere by a federal judge in Kansas.
U.S. District Judge John Broomes suggested in his ruling Tuesday that the Biden administration must now consider whether forcing compliance remains “worth the effort.”
Broomes’ decision was the third against the rule from a federal judge in less than three weeks but more sweeping than the others. It applies in Alaska, Kansas, Utah and Wyoming, which sued over the new rule. It also applies to a Stillwater, Oklahoma, middle school that has a student suing over the rule and to members of three groups backing Republican efforts nationwide to roll back LGBTQ rights. All of them are involved in one lawsuit.
Broomes, an appointee of former President Donald Trump, directed the three groups — Moms for Liberty, Young America’s Foundation and Female Athletes United — to file a list of schools in which their members’ children are students so that their schools also do not comply with the rule. Kansas Attorney General Kris Kobach, a Republican who argued the states’ case before Broomes last month, said that could be thousands of schools.
The Biden administration rule is set to take effect in August under the Title IX civil rights law passed in 1972, barring sex discrimination in education. Broomes’ order is to remain in effect through a trial of the lawsuit in Kansas, though the judge concluded that the states and three groups are likely to win.
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