by Paul Engel, America Outloud:
Every so often, you hear someone say something so true that it’s a shock. In the case of Tennessee v. Cardona, Judge Reeves started his memorandum with a truth so obvious that it seemed incredible that it needed to be said. That line? “There are two sexes: male and female.”
Title IX
The transgender movement boils down to a question of subjective vs objective. If someone believes they are not the “gender” they were born, is the problem with their body or their mind? This is the fundamental question and, by extension, the fundamental issue that society is being asked to decide.
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In the middle of this, the Biden administration has created its own moral quandary revolving around a question of subjective vs. objective. Does a law mean what the language objectively says or does it mean what a person subjectively wants it to mean? That question is what the case State of Tennessee, et at., v. Miguel Cardona, et al., is all about.
This case concerns an attempt by the executive branch to dramatically alter the purpose and meaning of Title IX through rulemaking. But six states, an association of Christian educators, and one fifteen-year-old girl object. As they correctly argue, the new rule contravenes the plain text of Title IX by redefining “sex” to include gender identity, violates government employees’ First Amendment rights, and is the result of arbitrary and capricious rulemaking. If the new rule is allowed to take effect on August 1, 2024, all plaintiffs will suffer immediate and irreparable harm.
Tennessee v. Cardona 24-072-DCR Memorandum Opinion and Order
This case revolves around Title IX of the Education Amendments Act, signed into law by then-President Richard Nixon on June 23, 1972. This law states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,
While the law does provide some exceptions, for the most part, any education program or activity receiving federal financial assistance is barred from excluding people from participation in, or the benefits of, an education program or activity based on their sex.
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