Atlanta, GA - July 31, 2024 - The U.S. Court of Appeals for the Eleventh Circuit has granted an emergency motion to stay implementation of the Department of Education's new Title IX rule, following an amicus brief filed by Citizens Defending Freedom (CDF) in support of the motion.
The court order, issued today and available here, enjoins the Department of Education from enforcing the final rule that was set to take effect on August 1. This stay prevents the rule from taking effect in Alabama, Florida, and Georgia pending further order of the court.
CDF's amicus brief, filed earlier today and available here, argued that the new rule represents a radical and unlawful expansion of Title IX that would cause immediate harm to schools and students across the Eleventh Circuit. Key points of the brief included:
• The rule's redefinition of "sex" to include gender identity and sexual orientation exceeds the Department's statutory authority under Title IX.
• The changes are of vast economic and political significance, triggering the major questions doctrine and requiring clear Congressional authorization.
• The rule would impose significant new compliance costs and litigation risks on schools.
"We are grateful the Court has recognized the serious legal issues at stake and taken swift action to prevent this overreach from going into effect," said Sarah Calamunci, Florida State Director of CDF. "This pause will allow for full consideration of the rule's legality and impact.”
Holly Kesler, Georgia State Director for CDF, added, "This stay is a critical first step in protecting parental rights and preventing schools from being forced to treat students according to their stated gender identity without parental knowledge or consent."
The court has set an expedited schedule for further briefing on the motion for injunction pending appeal, with final submissions due by August 7.
CDF's brief was prepared by attorneys at the Binnall Law Group. The case is State of Alabama, et al. v. U.S. Secretary of Education et. al.
For more information, contact Lindsay Rives at lrives@ccdfusa.com.
About Citizens Defending Freedom:
Founded in 2021, Citizens Defending Freedom is a non-profit organization dedicated to preserving constitutional rights and freedoms for all Americans. Currently, Citizens Defending Freedom is established in Florida, Georgia, Michigan, and Texas, with plans to continue expanding across America. Click here to learn more about Citizens Defending Freedom.
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