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 protect females from men who claim to be females participating in girl's sports or wanting to use girl's bathrooms. 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.
“Gender ideology does not belong in public schools and we are glad the courts made the correct call to support parental rights,” Moms for Liberty co-founders Tina Descovich and Tiffany Justice said in a statement.
Besides Broomes, two other federal judges issued rulings in mid-June blocking the new rule in 10 other states.
Like the other judges, Broomes called the rule arbitrary and concluded that the Department of Education and its secretary, Miguel Cardona, exceeded the authority granted by Title IX. He also concluded that the rule violated the free speech and religious freedom rights of parents and students who reject transgender students' gender identities and want to espouse those views at school or elsewhere in public.
Broomes said his 47-page order leaves it to the Biden administration “to determine in the first instance whether continued enforcement in compliance with this decision is worth the effort.”
Broomes also said non-transgender students' privacy and safety could be harmed by the rule. He cited the statement of the Oklahoma middle school student that “on some occasions” cisgender boys used a girls' bathroom “because they knew they could get away with it.”
“It is not hard to imagine that, under the Final Rule, an industrious older teenage boy may simply claim to identify as female to gain access to the girls' showers, dressing rooms, or locker rooms, so that he can observe female peers disrobe and shower,” Broomes wrote.
