Context: video aired March 14, 2024.
KANSAS (KSNT) – Kansas Attorney General Kris Kobach announced on Tuesday that Kansas has won a court case regarding the redefinition of “sex” under the Affordable Care Act.
The U.S. District Court for the Southern District of Mississippi agreed the Department of Health and Human Services unlawfully attempted to redefine sex to include “gender identity” and “sexual orientation,” according to a press release from Kobach’s office.
“With this win, yet another piece of Biden’s radical trans agenda has been struck down in court,” Kobach said. “Federal anti-discrimination laws are meant to protect women, not force taxpayers to pay for gender transitions. This is a major victory for the rule of law and for the fight to undo Biden’s extremist political agenda.”
Kobach first announced that his office was suing the administration of former President Joe Biden over the Title IX rule on May 14, 2024. Kansas joined the lawsuit led by Mississippi Attorney General Lynn Fitch alongside several other states.
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In its ruling, the Court held, “Congress only contemplated biological sex when it enacted Title IX in 1972. Therefore, the Court finds that HHS exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender-identity discrimination.”
The American Civil Liberties Union (ACLU) criticized the lawsuit, saying the U.S. Department of Education’s rules require that schools guarantee that all students, including survivors of sexual harassment, LGBTQ students and pregnant and parenting students, have full and equal access to educational opportunities regardless of sex.
“Mr. Kobach is claiming that he is standing up for girls and women,” ACLU Executive Director Micah Kubic wrote on May 14, 2024. “But what he is really doing is continuing his decades-long crusade against our shared values and fundamental rights, using his misleading legal interpretations to try to transform the law into a tool that persecutes Kansans instead of protecting them.”
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The U.S. Department of Education (ED) describes Title IX as protecting people from discrimination based on sex in education programs or activities that receive federal financial assistance. It applies to schools, local and state educational agencies along with other institutions that receive federal financial assistance from the ED.
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