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Texas Gov. Abbott books first win in lawsuit against Biden’s new trans definition of female in Title IX

By BETHANY BLANKLEY | THE CENTER SQUARE

A federal court on Tuesday handed Texas its first win in a lawsuit filed against the Biden administration over a mandate issued by two federal agencies before the administration amended Title IX to redefine biological sex to include “sexual orientation” and “gender identity.”

Title IX, which is part of the Education Amendments Act of 1972, states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The law was enacted at a time when women and girls had limited athletic opportunities. “Before Title IX, few opportunities existed for female athletes,” according to History.com. After Title IX, participation in female sports increased exponentially, the girl’s high school dropout rate decreased and the number of women pursuing higher education and who completed college degrees increased, it says.

Under the Obama and Biden administrations, regulatory efforts sought to redefine sex to include “sexual orientation” and “gender identity” by providing an unfair advantage to biological boys and men wanting to compete in women’s sports, a coalition of attorneys general have argued. In 2022, they opposed a Biden administration plan to reimpose Obama-era changes to Title IX that the Trump administration ended.

Despite widespread opposition, including from women’s groups, the Biden administration began amending Title IX through several methods, arguing doing so would “advance educational equity and opportunity for women and girls across the country.”

It proposed a rule change to change the law and issued mandates through the U.S. Department of Education and Department of Justice, agencies responsible for administering and enforcing Title IX.

In response to the proposed rule changes, a coalition of 18 AGs pushed back, arguing the changes “demolished” women’s and girls’ rights, “making a mockery of Title IX’s fundamental organization principle – basic biology.”

In response to the agency mandates, in June 2023, Texas sued, arguing agency guidance was “arbitrary and capricious” and “unlawfully extended Title IX to include ‘sexual orientation’ and ‘gender identity’ as protected classes.”

Earlier this year, after the Biden administration formalized its rule change to Title IX, multiple states sued. Texas filed its own lawsuit. Louisiana, Mississippi, Montana and Idaho filed a separate lawsuit. Alabama, Florida, Georgia and South Carolina filed a third lawsuit, The Center Square reported.

On Tuesday, the first court ruling handed Texas a win, setting a precedent for rulings to come.

Judge Reed O’Connor, presiding over the U.S. District Court Northern District of Texas Fort Worth Division, said the issue he was asked to rule on was “whether the federal government may lawfully impose conditions on a state’s educational institutions by purporting to interpret Title IX of the 1972 Educational Amendments as prohibiting discrimination based on sexual orientation and gender identity.”

“The court concludes that Defendants cannot regulate state educational institutions in this way without violating federal law,” he wrote in his 112-page ruling. He also said the DOE and DOJ “engaged in unlawful agency action taken in excess of their authority, all while failing to adhere to the appropriate notice and comments requirements when doing so.”

O’Connor chastised the agencies, saying they “failed to follow the proper procedures. Rather than promote the equal opportunity, dignity, and respect that Title IX demands for both biological sexes, [the DOE’s] Guidance Documents do the opposite in an effort to advance an agenda wholly divorced from the text, structure, and contemporary context of Title IX.”

He said to allow the administration’s “unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress. That is not how our democratic system functions.”

Camel’s nose under tent: New mayor and a new proposed sales tax for Anchorage

Although Mayor-elect Suzanne LaFrance has not taken office yet, the rollout of a new proposed sales tax for Anchorage was already ready to go, and the website is up and running.

The Anchorage Economic Development Corporation has launched Project Anchorage, to get a 3% sales tax in place — because city government doesn’t have enough to work with.

The idea is to start taxing sales of goods at 3%, but that could and likely will increase over time.

The promise being made by the group is that the new tax will reduce property taxes, which are higher than they would be because of the large number of property tax exemptions that have been given out by the city, shifting the tax burden to homeowners.

“Led by the Anchorage Economic Development Corporation (AEDC), we have met since the summer of 2023 to develop a proposal that would implement a temporary 3% sales tax to reduce property taxes, and invest in quality of life enhancing capital projects,” the Project Anchorage group says.

It also says it is copying Oklahoma City. That’s a city where former Democrat Mayor Ethan Berkowitz paid a visit during his term in office to get ideas about good governance.

“Our proposal takes inspiration from Oklahoma City, which used a similar initiative to successfully reverse years of economic decline, beginning in the 1990s. After implementing a 1% sales tax to fund dozens of projects such as a new canal and waterfront entertainment district, sports stadium, downtown library, and convention center – not only did voters reauthorize the sales tax multiple times since the program began, but Oklahoma City has seen incredible population and economic growth as a result of this public investment,” AEDC says.

But while the Oklahoma City sales tax started at 1%, it’s now at 4.13%, and combined with the state sales tax, it’s over 8.6%. This is something Project Anchorage doesn’t reveal in its literature.

The group plans to get the question on the April 2025 ballot. It has many supporters on the Assembly and with the incoming mayor.

Unlike Oklahoma City’s starter sales tax of 1%, the Anchorage proposal would start with a 3% sales tax, set to sunset after 5 years. In reality, the municipality would return to voters for reauthorization of the tax and make it hard to say no.

As currently proposed by the group, this new tax will reduce property taxes and use some of the money to make Anchorage “a more attractive place to live and visit.”

  • “Projects would be sourced from an extensive public input process, and selected before the initiative is taken to voters for a final decision,” the group promises. In addition, of course, voters would be asked to pass more bonds.

Food, childcare, medical expenses, gasoline, and banking services would be exempt from the tax, which would also apply to just the first $1,000 of any eligible purchase.

The Anchorage Economic Development Corporation is often criticized by conservatives for having produced nothing of value in the past few years, under the direction of recently resigned Bill Popp. Popp brought in no business to speak of but held an annual luncheon to describe the poor economy to the business leaders of the city. Now, with its new leader, Jenna Wright, the mission is no longer just providing reports on the economy, but taxing the public.

It’s a far cry from the early days of AEDC, when it helped bring in a cargo hub economy for the airport and made it possible for the Alyeska Resort to become a destination, by helping to facilitate a major hotel project. But that was decades ago.

“Remember, that the AEDC organization was run by Bill Popp who claims to be ‘non-partisan,'” explained Bob Baer on the NextDoor website. Popp unsuccessfully ran for mayor, peeling off business votes from incumbent Mayor Dave Bronson. “Keep an eye on him. I suspect that behind the scene, this 3% tax has been proposed by Mr. Popp, in conjunction with Project Anchorage, and the new director of the AEDC. They indicate that a portion of the sales tax, and future increases in the sales tax revenues, will be applied to a reduction to real estate property taxes, and the balance would be used to build or improve ‘public amenities.’ If the sales tax were to be included in the tax cap, that might be a good thing, as long as real estate taxes were reduced accordingly.”

During his tenure at AEDC, Popp pushed hard for tax exemptions on certain commercial and residential properties, both downtown and in other areas of Anchorage. When large property tax exemptions are allowed, the amount of the exempt taxes are indirectly paid by the remaining taxpayers, says Baer, who is a real estate broker. Thus, after exempting so many properties in town from the property tax, the city now wants to make up for that by enacting a sales tax.

“If the sales tax is approved at 3%, it will surely go higher,” Baer points out.

While the Project Anchorage group has major support from business players like the Anchorage Chamber of Commerce, Visit Anchorage, the Calista Corp., and Anchorage Downtown Partnership, there is no similar group that has been established to oppose the tax increase.

Alaska Democrats double down with sexual identity politics as platform for fundraising

The Alaska Democratic Party has a new fundraising pitch and it involves making sure kids in Alaska can get chemically castrated and surgically mutilated through transgender medical procedures, on demand.

The Democrats sent out their regular email request for funds, with this one focused on the problem of “the amount of anti-LGBTQ+ legislation has surged across the country, including right here in Alaska.”

By some measures, Alaska is one of the most gay-friendly states in the nation, says SafeHome.org, per the chart below. This is, perhaps, because of Alaskans’ “live and let live” attitudes. Or it may be because 32% of Alaskan adults are part of the “religious nones,” meaning they have no particular spiritual home, nor guidance from a set of religious doctrines.


This year, the Alaska Democrats say in their fundraising pitch, “Gov. Mike Dunleavy and his allies in the state legislature introduced several anti-LGBTQ+ bills aimed at undermining the rights and dignity of those most vulnerable among us.”

The phrase “most vulnerable among us” is often used by the Left to describe LGBTQ+ people in society, but is never used by the Left to describe unborn humans.

They point out H.B 183, which was offered by Rep. Jamie Allard, a bill designed to protect girl athletes from having boys take over their competitive sports, medals, and scholarships. The bill passed the House with no Democrats supporting girl athletes. It died in the Senate.

The Democrats are also upset about H.B 338, which would add liabilities to doctors who mutilate children as they remake their appearance to switch genders at a tender age. Children could come back and sue them when they reach adulthood. That bill died in the House.

And the Democrats are mad about H.B. 382, a parents’ rights bill that would “require teachers to alert parents if their child chooses to change their preferred pronouns, violating our student’s privacy, trust, and safety.” The bill died in the House.

“That’s why we’re working to secure a veto-proof majority and stand up for LGBTQ+ rights by promoting inclusive policies that make Alaska safer for everyone. Will you help us fight back and elect pro-LGBTQ+ champions across Alaska by chipping in $10 today?,” the Democrats ask in their fundraising letter, which is signed, “In solidarity.”

Mat-Su returns some controversial books to school libraries

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After months of review, the Matanuska-Susitna School District’s Library Citizens Advisory Committee has decided that some books that had been recommended to be pulled from middle school and high school libraries can go back on the shelves.

Since August 2023, committee has been reviewing books that were challenged by community members due to their possible inappropriateness for teens.

The books being re-shelved in the MatSu public middle and high schools are:

Book Title:Author:
The Lovely BonesAlice Sebold
Kite RunnerKhaled Hosseini
PersepolisMarjane Satrapi
FlamerMike Curato
SoldPatricia McCormick
Drama Graphic NovelRaina Telgemeier
A Court of Thorns and RosesSarah Maas
Court of Frost and StarlightSarah Maas
Court of Wings RuinSarah Maas
The Perks of Being a WallflowerStephan Chbosky

“With respect to each of the remanded titles above, the School District conducted an internal review and has concluded that none of the works would meet the criminal obscenity standard set forth under Alaska Law. The School District instructed its library staff to return the remanded titles to circulation in both middle schools and high schools,” a memo to parents at one school said.

The books have various passages that are controversial and most of them have been removed from school libraries in other states.

For example, the book, “A Court of Thorns and Roses,” by Sarah Maas, contains sexual descriptions and mild violence, and some argue that this series of novels gets more explicit as it progresses and has domestic violence, emotional, physical, sexual abuse, post traumatic stress, anxiety, depression, graphic violence, and graphic death. In 2023, North Carolina’s library board removed it from the shelves of K-12 libraries because its content is too disturbing for youth.

In the book, “Flamer,” by Mike Curato, there’s a number of LGBTQ+ themes and characters, and the book is sexually explicit at its core, with extensive vulgarity and detailed descriptions of sexual acts. In one section, Curato writs about a scout troop masturbating into a bottle, with one boy daring others to drink the result. But it’s going back on the shelf in MatSu schools.

In “Kite Runner,” a novel by Khaled Hosseini, students as young as the 6th grade will encounter children being raped by older children and adults, and children and women being abused in war-torn Afghanistan. An extremely graphic book, the American Library Association reported that it’s one of the most frequently challenged novels of the 21st century.

The American Civil Liberties Union and Northern Justice Project sued the district in November for removing the books, even though the district had set forth a procedure for review.

Savannah Fletcher, an attorney for the Northern Justice Project and candidate for Alaska Senate, represented the plaintiffs and said the district has no right to remove any books from shelves, even temporarily for review.

Out of 600,000 books, just 56 had been removed for review, but it was enough to draw a lawsuit from the Left.

The original list of the removed books can be found here.  

The Matanuska-Susitna School District’s Library Citizens Advisory Committee meets monthly, with the next meeting on June 13. All meetings are open to the public.

Alaska State Troopers win ‘The Shoot’ trophy in annual international competition with Mounties

Alaska State Troopers defended the prized trophy, winning the 60th annual Troopers vs. Royal Canadian Mounted Police shooting competition and retaining the trophy in Alaska.

The event is known as “The Shoot” and was held this year in Fairbanks with Alaska State Troopers competing in target competition with RCMP from across the Yukon Territory in Canada.

The annual event is focused on camaraderie between the Troopers and Mounties. Its history goes back to 1959 when, right after Alaska became a state, Joe Vachon, then-commanding officer of the Royal Canadian Mounted Police, came up with the competition as a way for Mounties and Troopers to get to know each other better on a personal basis as well as strengthen their working partnership.

It remains the longest standing international shooting competition in the world.

Video: Left’s buzzwords on ‘carbon pollution’ exposed

Restoration of America has produced a new video exposing the Left’s use of certain buzzwords and made-up terms like “carbon pollution” to claim carbon dioxide is somehow a threat to humans and the environment.

“The language of the Left shifts as fast as the weather,” says the conservative media group founded by entrepreneur Doug Truax .

“In this new video series, we tackle the Left’s top political buzzwords one-by-one to reveal the bias, lies, and truth-twisting by the media.” Watch the video below and leave your comments in the comment section:

Chicagoans indicted for swindling North Pole restaurant out of $128,000

An Alaska federal grand jury returned an indictment charging a Chicago man and woman with running a scheme to defraud a North Pole restaurant of over $128,000.

From July to August 2022, Jacob Centeno, 39, and Amber Davila, 35, allegedly illegally obtained banking and identification information for the restaurant and restaurant owner by gaining access to their email.

The duo used this information and access to misrepresent themselves as the owner and divert proceeds from the owner’s bank account to a different account registered under a false identity that the defendants had created and had access to.

In total, roughly $128,246 was diverted to the defendants’ fraudulent bank account between Aug. 4 and Aug. 9, 2022.

As part of the scheme, Centeno and Davila allegedly purchased over $41,000 worth of money orders from the fraudulent bank account over the course of multiple days in Chicago.

They are charged with depositing the money orders into their various personal and business accounts in aggregate amounts of less than $10,000. Finally, to further conceal their scheme, they money laundered the funds by withdrawing money from a business account registered in their names and deposited it into their personal accounts.

Centeno and Davila were arrested in Chicago on June 4 and are charged with one count of aggravated identity theft, one count of conspiracy to commit wire fraud, five counts of wire fraud, one count conspiracy to commit money laundering, and eight counts of money laundering.

If convicted, they face a mandatory minimum of two years for aggravated identity theft, which is served consecutive to any other sentence for their alleged crimes. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Passing: Donna Gilbert, Fairbanks tax cap advocate

Donna Gilbert, who was elected to the Fairbanks North Star Borough Assembly and later to the Fairbanks City Council, has died. She was one of the most well-known Fairbanks advocates for the tax cap, and was honored on Monday evening at the Borough Assembly.

Raised in Fairbanks, Gilbert was known for ending her tax cap advocacy voicemails with, “Meet you at the borough building.” She served on borough Assembly from 1989-1992 and then on the city council from 2001-2004.

She formed Interior Taxpayers Association and advocated or passage of the borough tax cap. The group she built is still active today and recently activated to defeat a ballot effort in Fairbanks to blow through the tax cap. She also managed the Ranch Motel until it closed in 2013 and she moved to Leesburg, Florida.

Her sister relayed that Donna died in her sleep; she was 80 years old.

Watch as she advocates for a tax cap in this video from a candidate forum in 2007:

Texas, Montana sue Biden over rule requiring states to pay for ‘gender transition’

By BETHANY BLANKLEY | THE CENTER SQUARE

Texas and Montana have sued the Biden administration over another federal rule change it implemented, this time over one that requires states to pay for “gender transition” procedures through their Medicaid programs.

It also requires health-care providers to perform such procedures in states where the practice has been banned, including in Montana and Texas. Their state legislatures passed bills their governors signed into law prohibiting “gender transition” procedures from being performed on minors in their states, among other restrictions.

The lawsuit was filed in the U.S. District Court Eastern District of Texas Tyler Division. It names U.S. Secretary of Health and Human Services Secretary Xavier Becerra and Melanie Fontes Rainer, the director of the Office of Civil Rights within the Centers for Medicare and Medicaid Services, as well as CMMS and HHS, as defendants.

At issue are changes to the HHS’ CMMS rule, “Nondiscrimination in Health Programs and Activities,” promulgated last month under Section 1557 of the Patient Protection and Affordable Care Act (ACA). It requires health-care providers to perform “gender-transition” medical procedures, including on children, or risk losing federal funding.

It also includes multiple definitions and amendments to regulations related to sexual orientation and gender identity. It is slated to become effective 60 days from May 6, when it was published in the Federal Register.

The lawsuit argues, “Section 1557 does not authorize – and has never authorized – the federal government to compel anyone to perform or pay for ‘gender-transition’ procedures.” It also argues the rule change is unlawful, violates the Constitution, and asks the court to “set it aside and issue injunctive relief.”

“The Biden Administration is attempting to exact radical social change by defunding States and healthcare providers across the country who refuse to provide or pay for dangerous and experimental ‘gender-transition’ medical activities,” the complaint states. “Through a sweeping new rule promulgated under the Affordable Care Act (ACA), those who do not conform to the Biden Administration’s gender-ideology regime stand to lose all federal healthcare funds, including Medicaid and Medicare dollars.”

The rule “purports to override and preempt all State laws to the contrary, ensuring that the Biden Administration’s assumption of control over the States’ regulation of health and safety is complete,” the complaint continues. It also notes that the rule “relies on a misapplication of the Affordable Care Act which never authorized HHS or any government agency to compel institutions to perform or pay for these procedures.”

“This is yet another example of Joe Biden trying to sidestep the Constitution and use agency rulemaking to advance unpopular, unlawful, and destructive policies,” Texas Attorney General Paxton said. “We are suing to stop the Biden Administration from withholding federal healthcare funds to force medical professionals to perform these experimental and dangerous procedures.”

Montana Attorney General Austin Knudsen made similar arguments, adding that “Healthcare providers should not be forced to perform dangerous and life-altering experimental procedures under the threat of losing the federal funding they rely on to keep their doors open. And the states should not be compelled to foot the bill for treatments that are leaving people, even children, with irreversible damage.”

Knudsen, who has led the charge to protect female athletes and students protected under Title IX, also notes that Section 1157 originally banned any federally funded health program from discriminating on grounds prohibited under Title IX.

Title IX, which is part of the Education Amendments Act of 1972, prohibits discrimination “on the basis of sex.” It states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Over two years ago, Knudsen led a coalition of 15 AGs calling on the U.S. Department of Education to cancel its plan to revise Title IX, The Center Square reported. The administration ignored their request and published its controversial rule change roughly two years later. Montana, Texas and multiple states sued, arguing the rule change was illegal.

Both the DOE and HHS CMMS rule changes equate “sex” discrimination with discrimination based on “gender identity,” a wrong interpretation of federal law, the lawsuits argue.

The HHS CMMS rule “will wreak financial havoc” on states’ medical systems, the AGs argue. States receive billions of dollars in federal health-care aid to administer several welfare programs. The rule imposes “unlawful strings on that aid,” penalizing states that prohibit “gender transition” procedures and health plans from insuring them.