A federal judge has paused a contested policy move by the Biden administration, ruling that a federal agency exceeded its authority by attempting to redefine “sex” through internal guidance rather than legislation. The decision addressed guidance issued by the Equal Employment Opportunity Commission, which sought to incorporate gender identity and expression into the legal meaning of sex under existing federal employment law. The court held that such a change goes beyond interpretation and enters the realm of lawmaking. In its reasoning, the court emphasized a separation of powers principle: Congress writes the law, and agencies may interpret statutes within defined...
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