Documents released by the U.S. Office of Special Counsel (OSC) show that officials in former President Joe Biden’s Department of Education (ED) circumvented a federal court injunction restricting the department’s sexual orientation and gender identity (SOGI) enforcement efforts under Title IX.
Background
The court order stemmed from a lawsuit brought by a coalition of states challenging three June 2021 guidance documents issued after Biden signed Executive Order 13988, ‘Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.’ The guidance would have forced schools to allow males who identify as female to compete on female athletic teams and use female-designated showers and locker rooms.
The OSC report found that the Department of Education ultimately ‘fully substantiated’ a whistleblower’s allegations that the department’s Office for Civil Rights failed to comply with the federal injunction. The report said OCR leadership had created ‘a path for carrying out its preferred SOGI policies’ in the plaintiff states despite the court order.
Response
ADF Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs said the documents show Biden education officials tried to keep enforcing their gender-identity policies after the court stepped in. ‘What apparently Biden administration officials and the Department of Education did is say, ‘Hey, we can’t enforce these policies, but the injunction doesn’t reference the content of the policies,’ Scruggs told Fox News Digital.
The matter is now closed at OSC, but the watchdog’s letter calls for further accountability inside the Department of Education and before Congress.
Original reporting: Fox News (HLL/CB) — read the source article.