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Biden-era DOE officials defied the law to protect 'gender...
Post Editorial Board · 2026-06-13 · via New York Post
Safe Space sign with rainbow colors with slight vignette
The story starts in 2021, with President Joe Biden's executive order that banning "discrimination on the basis of gender identity and sexual orientation" across the entire federal government. Shutterstock

A pack of Biden-era Department of Education bigwigs covertly defied federal court orders, even after a colleague tried to blow the whistle — and are still on the job, even though the department has admitted the violations.

The story starts in 2021, with President Joe Biden’s executive order that banning “discrimination on the basis of gender identity and sexual orientation” across the entire federal government.

The folks at Education ran with that, sending out “guidelines” to state officials warning that “Title IX’s ban on sex discrimination” extends to “discrimination based on sexual orientation and gender identity” — refuse to go along, and your federal funding is at risk.

Yet Title IX says no such thing — “gender identity” was a fringe concept when Congress wrote that law in the ’70s.

And respecting “gender identity” claims threatens other Title IX guarantees: E.g., you’re not, in most Americans’ eyes, protecting women’s rights to privacy if biological males can use their bathrooms, locker rooms and so on.

Twenty states sued to block enforcement of Education’s diktats, and in 2022 won an injunction blocking the department from enforcing its mandates.

Yet Education’s Office for Civil Rights ignored that order, launching multiple investigations of “gender identity” grievances in the supposedly-protected states.

OCR worker Timothy Mattson tried to report this defiance in 2022 — triggering a coverup.

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His superiors stalled independent investigators from the federal Office of Special Counsel until after the 2024 election, concealing a 25-page memo from a Kansas City regional director that independently backed up many of Mattson’s concerns.

By early 2025, the courts completely tossed the Biden “guidances,” and Education’s new leadership has now confirmed Mattson’s claims.

But most of the “civil servants” at fault are still on the job. This “circumvention of a binding federal injunction over multiple years and across multiple offices” cries out for “accountability,” warns OSC Chief Counsel Charles Baldis.

Education Secretary Linda McMahon needs to see that heads start rolling.