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CDF condemns Biden administration's flawed legal theory on transgender sports executive order

Updated: Jul 12, 2023

Citizens Defending Freedom blasts Biden administration's flawed legal theory on transgender sports executive order, provides guidance to parents on how to fight back


Citizens Defending Freedom is helping parents protect their children against the Biden administration’s overreach on sexual orientation and gender identity under Title IX, which the group says is an unlawful expansion of regulatory authority.


***Editor’s Note: Members of the media interested in interviewing a representative from Citizens Defending Freedom on this topic should email news@judgepr.com or call 813.279.8335.***


TAMPA, Fla. – Citizens Defending Freedom, a non-profit dedicated to equipping American citizens with resources to defend their liberty at the local level, blasted the Biden administration Thursday evening for a legally-flawed executive order that would force federally-funded schools to allow biological men to compete against biological women in athletic competitions. Earlier today, they launched a factual resource guide that will help parents combat the Biden administration’s unlawful expansion of Title IX, the 1972 law forbidding discrimination in education based on sex.


“Citizens Defending Freedom wholly condemns the Biden administration’s decree that boys can participate in girls’ sports, which is based on the same flawed legal theory that Biden used to force boys and girls into the same school locker rooms and bathrooms," said Kristen Huber, Citizens Defending Freedom's National Director of Communications. "Our organization has been at the forefront of fighting back against this blatant federal government overreach. As parents, it is our duty to protect our children. Today we released a resource guide on this very topic for parents to take to their local school boards so they can set the record straight.”

Citizens Defending Freedom has been fighting the Biden administration on a similar executive order, which would force boys and girls to use the same school restrooms and locker rooms.


“Following last year’s proposed regulations altering the historic and legal meaning of biological sex in Title IX for use of public education restroom facilities, this administration is doubling down," said Citizens Defending Freedom Deputy Counsel Jonathan Hullihan. "The proposed rule released today threatens the loss of federal funding if state and local schools don’t allow transgender children to compete on the athletic field of their preferred gender. This action is outrageous, fundamentally destroys athletic opportunities and the safety of girls and young women, and from a Constitutional perspective, is beyond the authority of the executive branch. Only Congress has the authority to broaden the scope of Title IX to this magnitude."



Last year, the U.S. Department of Education’s Office for Civil Rights proposed a rule to add sexual orientation and gender identity to Title IX, which would prohibit local school district restrictions on separating restrooms and locker rooms based on biological sex.


Thursday, the Biden administration relied on the same flawed legal theory in its trans sports executive decree.


The rulemaking in both cases relies upon the Supreme Court’s 2020 decision in Bostock v. Clayton County, which found that Title VII of the Civil Rights Act covers employment discrimination based on sexual orientation and gender identity.


The Biden Administration’s proposal relies on a misapplication of both Title IX and Bostock. Armed with this misapplication, progressive interest groups have been on the offensive bombarding local school districts all across the nation with misinformation and threats of legal action under Title IX.


“Recently, a number of progressive interest groups, armed with faulty legal analysis from federal agencies including the U.S. Department of Education, the U.S. Department of Justice, and others, have bullied and intimidated local school districts to issue self-imposed guidelines that have in some circumstances given female-identifying male students access to girls’ restrooms and locker rooms. This is a direct affront to the meaning of “biological sex” which is the foundation of Title IX protections. In 1972, Congress did not intend, nor could they fathom that Title IX would include sexual orientation and gender identity. It appears many school board and federal agency lawyers need a basic refresher course on the separation of powers between Congress and the Executive Branch. Only a law passed by Congress and signed by the President can broaden Title IX to this magnitude,” said Jonathan Hullihan, Deputy General Counsel for Citizens Defending Freedom.


Citizens Defending Freedom is arming parents with a guide to take to their local school districts and set the record straight.


“By providing this guide, we hope to empower local parents with tools to inform school districts that Title IX, does not include application under sexual orientation and gender identity. We are hopeful the information provided will give school districts confidence to push back against the strong-arm intimidation tactics unleashed by progressive interest groups with help from the Biden administration. Fundamentally altering the meaning of biological sex through unlawful regulatory actions is not in the best interests of our children or their privacy,” Hullihan said.


Until the last decade, the American Psychiatric Association had diagnosed transgenderism as form of mental illness. Today, it is being celebrated and glorified in order to further political agendas to the detriment of our youth.


The Biden administration is ideologically committed to promoting gender identity over biological sex, and is attempting coerce state and local education policy by threatening to remove federal funding for school lunch programs and other education-related financial aid for refusing to recognize the regulatory expansion of Title IX rules without Congressional authorization.


The Biden Administration is engaging in a separate rulemaking process to address Title IX’s application to athletics, which would require schools to allow biological boys to compete in sports against biological girls. This will undoubtedly result in decades of lost progress and equal opportunity in athletics with biological men competing in women’s sports.


“Whether in a school restroom or on an athletic field, we have a duty and responsibility to protect our children’s privacy and safety. We want parents to know their rights and school districts to know where they stand on the law. We are providing these resources to equip our local citizens, defend their freedom, and enable them to recognize and counter misinformation their local schools are being provided to formulate sexual orientation and gender identity policy,”Hullihan said.


Citizens Defending Freedom’s parent resources on this topic can be found HERE.


Those interested in supporting Citizens Defending Freedom and their efforts can donate by visiting citizensdefendingfreedom.com.





Founded in 2021, CDF is a non-profit organization that strategically employs county-level affiliates across America to help citizens defend their faith and freedom, all while fighting for transparency in local government. Currently, CDF has official affiliates in Florida, Georgia and Texas. The group is rapidly expanding its footprint, and expects to grow into one of America’s largest political nonprofits. Click here to learn more about CDF.





About Citizens Defending Freedom:

Founded in 2021, Citizens Defending Freedom is a non-profit organization that strategically employs county-level affiliates across America to help citizens defend their faith and freedom, all while fighting for transparency in local government. Currently, Citizens Defending Freedom has official chapters in Florida, Georgia and Texas. The group is rapidly expanding their footprint, and expects to grow into one of America’s largest political nonprofits. Click here to learn more about Citizens Defending Freedom.


For media-related inquiries, please contact our PR firm at 813.279.8335 or by emailing news@judgepr.com.

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