Since a 2021 executive order expanded federal anti‑discrimination protections to gender identity and sexual orientation, the Department of Education issued guidance interpreting Title IX to cover these categories. Despite a 2022 federal injunction blocking the rule and evidence that senior officials ignored court orders, the agency continued investigations and enforcement, with senior staff remaining in place even after whistleblower concerns were raised.
The story starts in 2021, with President Joe Biden's executive order that banning"discrimination on the basis of gender identity and sexual orientation" across the entire federal government.
A pack of Biden-era Department of Education bigwigs covertly defied federal court orders, even after a colleague tried to blow the whistle — and are still on the job, even though the department has admitted the violations. The story starts in 2021, with President Joe Biden’s executive order that banning “discrimination on the basis of gender identity and sexual orientation” The folks at Education ran with that, sending out “guidelines” to state officials warning that “Title IX’s ban on sex discrimination” extends to “discrimination based on sexual orientation and gender identity” — refuse to go along, and your federal funding is at risk.
Yet Title IX says no such thing — “gender identity” was a fringe concept when Congress wrote that law in the ’70s.other Title IX guarantees: E.g., you’re not, in most Americans’ eyes, protecting women’s rights to privacy if biological males can use their bathrooms, locker rooms and so on. Twenty states sued to block enforcement of Education’s diktats, and in 2022 won an injunction blocking the department from enforcing its mandates.
Yet Education’s Office for Civil Rights ignored that order, launching multiple investigations of “gender identity” grievances in the supposedly-protected states. His superiors stalled independent investigators from the federal Office of Special Counsel until after the 2024 election, concealing a 25-page memo from a Kansas City regional director that independently backed up many of Mattson’s concerns.the Biden “guidances,” and Education’s new leadership has now confirmed Mattson’s claims. But most of the “civil servants” at fault are still on the job.
This “circumvention of a binding federal injunction over multiple years and across multiple offices” cries out for “accountability,” warns OSC Chief Counsel Charles Baldis.
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