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Citizens Defending Freedom Files Amicus Brief in Support of Plaintiffs Challenging New Title IX Regulations

AUSTIN, Texas - Citizens Defending Freedom (CDF) announced today that it has filed an amicus curiae brief in the U.S. District Court for the Northern District of Texas in support of plaintiffs’ motion requesting the court stay the effectiveness of the Department of Education's new Title IX regulations.


The amicus brief argues that the Department's Final Rule, which expands the definition of sex discrimination under Title IX to include sexual orientation and gender identity, exceeds the authority delegated to the Department by Congress and is arbitrary and capricious under the Administrative Procedure Act. The brief contends that the Final Rule violates the major questions doctrine by legislating on an issue of vast political and economic significance without clear Congressional authorization.


"The Final Rule is a clear violation of the Administrative Procedure Act and the Constitution," said Ben North of Binnall Law Group, PLLC, which filed the amicus brief on behalf of CDF. "The Department of Education has exceeded its statutory authority and imposed sweeping changes without adequate justification or consideration of the costs to schools and students."


The Biden Administration moved to change the text of Title IX without congressional authorization by simply publishing a rewrite of the landmark civil rights statute to the Federal Register. This move jeopardizes the constitutional rights and safety of women across the nation. The Biden Administration's attempt to redefine "sex" under Title IX to include self-professed "gender identity" poses a direct threat to the protections Title IX affords women in educational settings.


"The Department of Education has radically redefined the scope of Title IX without any authority from Congress to do so," said James Bruner, Counsel for Citizens Defending Freedom. "We are proud to stand with the State of Texas and other plaintiffs in challenging this unlawful federal overreach."


Over the past few months, CDF has encouraged citizens to contact their Attorneys General to urge legal action to stop this new rule. Tarrant County CDF Executive Director Rosalie Escobedo spoke to Attorney General Ken Paxton about the matter in Texas. The following week, Paxton was among the first in the country to announce a lawsuit.

CDF extends its sincere appreciation to Attorney General Paxton and the many other states who took legal action for their unwavering commitment to protecting women's rights. Since 2022, CDF has educated and mobilized citizens nationwide for awareness of the Biden Administration's Title IX changes. 


CDF has utilized “local light, local action” initiatives to bring awareness to this issue, including speaking at school board meetings, drafting and encouraging school districts to adopt resolutions disapproving of the changes, and developing numerous resources and toolkits to educate the general public on the Title IX changes. 


The amicus brief urges the court to issue a nationwide injunction staying enforcement of the Final Rule pending the resolution of the multiple lawsuits challenging its constitutionality and effectiveness. This would avoid chaos and confusion from a patchwork of injunctions across the nation and ensure equal protection for all students. A copy of the brief can be found here.


About Citizens Defending Freedom:  

Founded in 2021, Citizens Defending Freedom is a non-profit organization that strategically operates in counties across America to help citizens defend their faith and freedom, all while fighting for transparency in local government. 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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