Legal Insurrection Foundation challenges illegal sex discrimination at an Alabama college

Legal Insurrection Foundation challenges illegal sex discrimination at an Alabama college
U.S. Department of Education

The Legal Insurrection Foundation, which fights illegal preferences based on race or sex, is challenging a discriminatory program at Jefferson Community College that excludes all males and will permanently do so. The Foundation is right to do so: Courts in the Alabama region have found that it violates Title IX and the Equal Protection Clause to exclude males from public-university programs. The federal appeals court with jurisdiction over Alabama found that it violated the Constitution for Birmingham to give women a preference over men based on past discrimination against them, where the preference applied for a “potentially indefinite” period and thus could go beyond remedying the effects of any past discrimination against women.

Legal Insurrection’s William Jacobson explains:

The Equal Protection Project (EPP) (EqualProtect.org) of the Legal Insurrection Foundation has challenged numerous racially discriminatory programs done in the name of Diversity, Equity, and Inclusion….We have filed over thirty complaints and legal actions since launch in February 2023, with over half the schools withdrawing or modifying the discriminatory programs. (See EPP Impact Summaries.)

Not all of our actions have been limited to racial discrimination, we also have challenged multiple instances in which racial discrimination was mixed with sex discrimination and gender identity discrimination against men who are not “trans” or nonbinary….Our most recent filing was based solely on sex discrimination in a program at Jefferson State Community College in Birmingham, Alabama. From the Civil Rights Complaint:

This complaint concerns Jefferson State Community College in Birmingham, Alabama (“Jefferson”) for illegal sex discrimination in violation of Title IX.

Specifically, Jefferson is offering a [free] new welding course this fall exclusively for women that illegally excludes and discriminates against non-female students. Jefferson’s Welding Career Scholarship Program2 is described by Jefferson on its website as “a comprehensive short-term training course to prepare women for careers as Welders.” The application requirements for the Scholarship Program clearly confirm Jefferson’s sex discrimination: …. In violation of Title IX, Jefferson’s single-sex, female-only Women in Welding Scholarship Program illegally excludes and discriminates against non-females based on their sex…Concerning Title IX in particular, OCR has stated that a school may not justify discrimination for purposes of addressing an “imbalance” in participation by relying on national statistics of limited participation in a discriminatory program. Rather, it “must instead clearly articulate why the particular sex-based scholarship or program was necessary to overcome the conditions in its own education program or activity which resulted in limited participation therein.” Here, the sex-based eligibility criterion is, by its terms, applied mechanically. If applicants do not meet the blunt gender requirement that they female, they are not eligible for this scholarship. No statistical information concerning Jefferson’s justification for this program based on interest, participation or past discrimination of women seeking training at Jefferson is set forth or suggested.

The Legal Insurrection Foundation would not object to a milder program to help women that did not completely exclude men from a government-operated program, like this one. But completely excluding males, even “economically disadvantaged” males, is something that it opposes: “The Equal Protection Projects supports educational programs that provide opportunities that assist women in entering traditionally male occupations…But…sex-segregated programming is not permitted.”

LU Staff

LU Staff

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