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Another Federal Court declares using restrooms based on gender identity not constitutionally protected

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At the beginning of the month, U.S. District Court Judge for the Northern District of Texas dealt a blow to the Biden administration’s attempt to legislate the ‘woke agenda.’ Judge Matthew Kacsmaryk, a Trump nominee, agreed that last year’s U.S. Equal Employment Opportunity Commission’s (EEOC) ruling went too far.

In his ruling Kacsmaryk wrote that while Title VII of the Civil Rights Act of 1964 protects LGBTQ individuals from discriminatory hiring practices, that doesn’t cover “necessarily all correlated conduct” including choosing which bathroom and pronouns to use.

The EEOC’s ruling at the heart of the discussion sought to protect LGBTQ individuals from discrimination in the workplace by permitting them to use bathrooms based on their gender identity; not their biological gender.

The Conservative Brief reports:

The EEOC’s guidelines were issued in the wake of a ruling by the U.S. Supreme Court, which earlier found in Bostock v. Clayton County “that Title VII extends to protect individuals in the workplace from discrimination based on sexual orientation and gender identity,” The Daily Caller reported, adding: “Several LGBT employees sued after losing their jobs because of their sexual orientation and gender identity.”

“Case by case, category by category, controversy by controversy, Justice Gorsuch deferred judgement, stating Bostock decided only what Bostock decided . . . . Curiously, the Guidances imply and Defendants continue to argue that Bostock’s reach exceeds the grasp of its author . . . . Defendants . . . cannot rely on the words and reasoning of Bostock itself to explain why the Court prejudged what the Court expressly refused to prejudge,” Kacmaryk wrote.

Texas Attorney General Ken Paxton sued the administration in September 2021 over the guidance, arguing that it “increas[ed] for the State in its capacity as an employer — and Burrows did not even have authority to issue it.” He also argued that states have the inherent authority to act under their own policies instead of relying on such specific employer guidance from the federal government.

“The court decision’s is not only a win for the rule of law, but for the safety and protection of Texas children,” Paxton said in a press release. “The Biden Administration’s attempts to radicalize federal law to track its woke political beliefs are beyond dangerous. I will continue to push back against these unlawful attempts to use federal agencies to normalize extremist positions that put millions of Texans at risk.”

The statement also noted:

Texas Agriculture Commissioner Sid Miller supported this challenge and provided compelling evidence that the rule conflicted with the Department of Agriculture’s authority to set reasonable workplace policies. Paxton later amended the lawsuit to include the U.S. Department of Health and Human Services (HHS) as a defendant after the agency released a new rule threatening to cut federal funding to states that prohibit “sex-change” procedures and classify it as child abuse.  The District Court struck down both rules.  

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Economy

Biden Administration Expands Obamacare Coverage for ‘Dreamers’

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Friday morning the Biden administration announced it is expanding health-care access for “Dreamers”, a select group of illegal immigrants brought to the country as children. Illegal immigrants enrolled in the Deferred Action for Childhood Arrivals (DACA) program will be granted access to health insurance under the Affordable Care Act, according to the White House. Beginning in November, DACA members will be able to apply for healthcare coverage on healthcare.gov and state level insurance marketplaces.

“I’m proud of the contributions of Dreamers to our country and committed to providing Dreamers the support they need to succeed,” President Joe Biden said in a prepared statement. “And that’s why today we are taking this historic step to ensure that DACA recipients have the same access to health care through the Affordable Care Act as their neighbors.”

National Review notes Biden was vice president when then-president Barack Obama created DACA through executive order over a decade ago. The program gives deportation protections and work visas to illegal immigrants who were brought to the U.S. as children. An estimated 580,000 people are enrolled in the program. Former president Donald Trump failed to put an end to DACA during his term and the program continues to be fought in court.

Over 100,000 DACA beneficiaries will purchase health insurance in the Health Insurance Marketplace and Basic Health Program created by the Affordable Care Act, the Department of Health and Human Services estimates. Access to Medicaid and the Children’s Health Insurance Program will not be incorporated into the White House’s new rule after Biden proposed doing so last year, according to National Review.

“Now as Vice President, I have worked alongside President Biden to take steps to preserve and fortify DACA. Today, we are building on this progress by ensuring DACA recipients also have access to affordable health care, which will improve the health of all communities,” Vice President Kamala Harris said in a prepared statement. “This announcement will bring relief to more than 100,000 people and help them thrive while working to achieve their aspirations.”

The White House did not share a cost estimate for the expansion of Obamacare to DACA recipients. They will be eligible for financial assistance to help them afford the health insurance DACA enrollees are now eligible to purchase.

Biden called for Congress to pass comprehensive immigration reform and to give Dreamers permanent citizenship. It’s unlikely that Congress will grant Biden’s wishes, given the failure of the Senate’s bipartisan immigration package earlier this year. Conservatives widely rejected the Senate’s proposal for not being tough enough on the southern border at a time when record levels of illegal immigrants are entering the country.

Immigration is a top issue for voters in the 2024 election because of the surge in border crossings under Biden’s watch. Polls indicate that Americans believe that Trump is better suited to handle the crisis at the southern border with his hardline approach.

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