States, Physicians Sue to Stop Biden Administration’s ‘Sex Discrimination’ Policies

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President Joe Biden delivers remarks from the Eisenhower Executive Office Building on the White House campus in Washington, D.C., September 2, 2021.
(Jonathan Ernst/Reuters)

Several federal agencies are facing court challenges to their creative reinterpretations of the law.


he Biden administration is facing two new lawsuits challenging its reinterpretation of federal antidiscrimination statutes to include “sexual orientation and gender identity.”

The new federal guidance, issued by the Department of Education and the Department of Health and Human Services (HHS) in the early months of Joe Biden’s presidency, provides that Title IX’s prohibition on sex discrimination also prohibits discrimination — or so-called discrimination — on the basis of sexual orientation or gender identity. It marks a return to the final days of Barack Obama’s presidency, when the Education Department issued a “Dear Colleague” letter adding “sexual orientation” and “gender identity”

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