PUBLISHED BY Beth Ann Rosica August 14, 2024. BROAD + LIBERTY
A federal court ruling last month prevents the US Department of Education from enforcing the new Title IX rules in many schools across the region and state, which is expected to impact almost every school district in southeastern Pennsylvania.
Moms for Liberty joined two other national organizations and four states in filing the lawsuit against the US Department of Education challenging the Biden administration’s rewrite of the Title IX regulations. The groups were successful in prohibiting the Department from enforcing the changes in the four states and at the schools attended by the children of Moms for Liberty members.
While the injunction is preliminary, it will stay in effect until the district court hears the case. Conversely, the injunction could be overturned through the appeal process.
But for now, the ruling is a huge victory for Moms for Liberty, which describes itself as “an organization dedicated to fighting for the survival of America by unifying, educating and empowering parents to defend their parental rights at all levels of government.”
Why is this such a big deal? As I explained earlier this summer, the new Title IX regulations basically strip rights away from girls and women. For example, if a biological boy decides he identifies as a girl on a certain day, he can use the girl’s bathroom. The school is not required to notify the boy’s parents of his change in gender or that he is using the girl’s bathroom. If a girl complains about seeing a penis in the girl’s bathroom, she can be investigated for “sex-based harassment.” Additionally, students and teachers may also be subject to investigations for either intentionally or unintentionally referring to someone by the wrong pronoun.
The injunction now prevents the US Department of Education from enforcing these new regulations in schools where parents are members of Moms for Liberty.
Despite the injunction, or perhaps in spite of it, Pennsylvania’s Attorney General is vowing to” ensure the new regulations under Title IX go into effect as intended.”
Similarly, the Pennsylvania Human Relations Commission is joining the attorney general “in support of new Title IX rule preventing discrimination in public schools based on sexual orientation and gender identity.”
The initial court order granting the injunction on July 2, 2024, directed Moms for Liberty to submit a list of schools with a parent who is a member of the organization. Moms for Liberty has filed three lists thus far with over 250 Pennsylvania schools and expects to submit more.
However, the court issued a second order on July 19, 2024, including prospective members in the injunction. “The court clarifies that Defendants are enjoined from enforcing the Final Rule against Kansas, Alaska, Utah, Wyoming, K.R.’s school, the schools attended by the current and prospective members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the current and prospective members of Moms for Liberty.” (emphasis added)
This is an important detail because it means that if a parent joins Moms for Liberty now or in the future, their child’s school is automatically protected under the injunction and the Department cannot enforce the new regulations in that school.
According to their website, Moms for Liberty has chapters in twenty-four of the sixty-seven counties in the state. Locally in southeastern Pennsylvania, there are chapters in Bucks, Chester, Delaware, Montgomery, and Philadelphia counties.
Many local schools were included in the organization’s first three filings to the court. It should be noted that the court order explicitly states that members are parents of students in individual schools and not entire school districts.
For example, at Pennridge School District in Bucks County, one middle school and two elementary schools were on the initial list submitted to the court. A request for comment from the district about the impact of the injunction was not returned.
In Spring-Ford School District in Montgomery County, the 7th grade center and the high school are on the initial lists submitted. Superintendent Robert Rizzo said, “Our school district remains committed to ensuring a safe, inclusive, and equitable environment for all students and staff. We take this matter very seriously and are reviewing the court’s decision with our legal team to ensure full compliance while continuing to prioritize the well-being and educational needs of our students.”
Also in Montgomery County, Perkiomen Valley School District has a total of six schools on the list, including the Career Technical Center, the high school, both middle schools, and two elementary schools. A request for comment from the district was not returned.
In Delaware County, both Haverford Middle School and High School are on the list, and in Penn-Delco School District, one elementary and one middle school are included. Requests for comment were not returned from either district.
The Chester County Chair of Moms for Liberty, Shannon Grady, said her chapter has members in approximately 100 public and private schools in the county. While the current lists filed with the court do not contain all the schools that Grady has on record, the second court order automatically includes those schools. The updated list of included schools will be released by Moms for Liberty National on a periodic basis.
For example, Grady reports that there are schools in the county from all twelve school districts, including most of the middle and high schools and many of the elementary schools.
Downingtown Area School District, Tredyffrin Easttown School District, and West Chester Area School have members in all their middle and high schools and many of their elementary schools. Requests for comment from Downingtown and Tredyffrin Easttown were not returned. The West Chester superintendent is not available to comment until next week.
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