Moms for Liberty and Young America’s Foundation, et al. v. U.S. Department of Education

The Biden Department of Education has taken bold, unprecedented moves to capture America’s schools. It consistently acts outside the scope of its powers, ignoring Congress and even the courts, to fulfill President Biden’s political agenda. The Department’s drastic overhaul of Title IX—including rewriting the very definition of “sex” set forth by Congress—is perhaps its most unprecedented and unconstitutional move yet.

The Biden Rule will have an especially devastating impact on freedom of speech in colleges and K-12 schools.

Members of Young America’s Foundation speak about current political and social issues, including topics related to gender identity, transgenderism, and de-transitioning. They want to continue engaging with their classmates on these topics and hosting speakers to discuss these topics. They fear that under the new rule, they cannot continue their speech activities because they will be reported for harassment.

Members of Moms for Liberty are the parents of children in K-12 schools. They believe, and they have instilled in their children the belief, that all human beings are created male and female, that gender and sex are not fluid concepts, and that sex cannot be changed. However, their children fear that under the new rule, they will be forced to acknowledge their classmates’ so-called gender identity, use incorrect pronouns, and share private spaces with members of the opposite sex.

It is not up to the federal government to determine how parents should raise their children or what sort of beliefs and values a society should hold. But by imposing a gender identity orthodoxy on all of America, the Biden Administration is attempting to do just that.

Moms for Liberty Co-founders Tiffany Justice and Tina Descovich state,

Parental rights do not end at the classroom door. Every parent in America is about to see biological boys on girls’ sports teams and in girls’ locker rooms; and gender identity and sexual orientation will be taught in every classroom across America, whether parents like it or not. . . . Our children go to public school. They do not belong to public school. That is something we will never stop fighting to prove, even if it means going toe-to-toe against the heavy-handed ‘gender identity’ mandates from the Biden Administration.

Vice President and General Counsel for Young America’s Foundation Victor Bernson states,

Gender ideology is a bald-faced lie, men are men and women are women. With its new Title IX rules, the Biden administration is forcing everyone in college across the nation to repeat and live the lie that men can be women. It’s unconscionable. This lawsuit is YAF’s opportunity to stand with our students on the side of truth and against those who would pervert it.