Judge's order greatly expands where Biden can't enforce a new rule protecting LGBTQ+ students

TOPEKA, Kan. (AP) — Enforcement of a federal rule expanding anti-discrimination protections for LGBTQ+ students has been blocked in four states and a patchwork of places elsewhere by a federal judge in Kansas.

U.S. District Judge John Broomes suggested in his ruling Tuesday that the Biden administration must now consider whether forcing compliance remains “worth the effort.”

Broomes' decision was the third against the rule from a federal judge in less than three weeks but more sweeping than the others. It applies in Alaska, Kansas, Utah and Wyoming, which sued over the new rule. It also applies to a Stillwater, Oklahoma, middle school that has a student suing over the rule and to members of three groups backing Republican efforts nationwide to roll back LGBTQ+ rights. All of them are involved in one lawsuit.

Broomes, an appointee of former President Donald Trump, directed the three groups — Moms for Liberty, Young America’s Foundation and Female Athletes United — to file a list of schools in which their members' children are students so that their schools also do not comply with the rule. Kansas Attorney General Kris Kobach, a Republican who argued the states' case before Broomes last month, said that could be thousands of schools.

The Biden administration rule is set to take effect in August under the Title IX civil rights law passed in 1972, barring sex discrimination in education. Broomes' order is to remain in effect through a trial of the lawsuit in Kansas, though the judge concluded that the states and three groups are likely to win.

Republicans have argued that the rule represents a ruse by the Biden administration to allow transgender females to play on girls' and women's sports teams, something banned or restricted in Kansas and at least 24 other states. The administration has said it does not apply to athletics. Opponents of the rule have also framed the issue as protecting women and girls' privacy and safety in bathrooms and locker rooms.

“Gender ideology does not belong in public schools and we are glad the courts made the correct call to support parental rights,” Moms for Liberty co-founders Tina Descovich and Tiffany Justice said in a statement.

LGBTQ+ youth, their parents, health care providers and others say restrictions on transgender youth harms their mental health and makes an often marginalized group even more vulnerable. The Department of Education has previously stood by its rule and President Joe Biden has promised to protect LGBTQ+ rights.

The Department of Education did not immediately respond to an email seeking comment Tuesday.

Besides Broomes, two other federal judges issued rulings in mid-June blocking the new rule in 10 other states. The rule would protect LGBTQ+ students by expanding the definition of sexual harassment at schools and colleges and adding safeguards for victims.

Like the other judges, Broomes called the rule arbitrary and concluded that the Department of Education and its secretary, Miguel Cardona, exceeded the authority granted by Title IX. He also concluded that the rule violated the free speech and religious freedom rights of parents and students who reject transgender students' gender identities and want to espouse those views at school or elsewhere in public.

Broomes said his 47-page order leaves it to the Biden administration “to determine in the first instance whether continued enforcement in compliance with this decision is worth the effort.”

Broomes also said non-transgender students' privacy and safety could be harmed by the rule. He cited the statement of the Oklahoma middle school student that “on some occasions” cisgender boys used a girls' bathroom “because they knew they could get away with it.”

“It is not hard to imagine that, under the Final Rule, an industrious older teenage boy may simply claim to identify as female to gain access to the girls' showers, dressing rooms, or locker rooms, so that he can observe female peers disrobe and shower,” Broomes wrote, echoing a common but largely false narrative from anti-trans activists about gender identity and how schools accommodate transgender students.

FILE - Misy Sifre, 17, and others protest for transgender rights at the Capitol in Salt Lake City, March 25, 2022. On Tuesday, July 2, 2024, a federal judge in Kansas blocked a federal rule expanding anti-discrimination protections for LGBTQ+ students from being enforced in four states, including Utah and a patchwork of places elsewhere across the nation. (Spenser Heaps/The Deseret News via AP, File)

FILE - John Broomes, nominated to be United States District Judge for the district of Kansas, testifies during a Senate Judiciary Committee hearing on nominations on Capitol Hill in Washington, Nov. 15, 2017. On Tuesday, July 2, 2024, U.S. District Judge Broomes blocked a federal rule expanding anti-discrimination protections for LGBTQ+ students from being enforced in four states and a patchwork of places elsewhere across the nation. (AP Photo/Carolyn Kaster, File, File)

FILE - Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan. On Tuesday, July 2, a federal judge in Kansas blocked a federal rule expanding anti-discrimination protections for LGBTQ+ students from being enforced in four states, including Kansas and a patchwork of places elsewhere across the nation. (AP Photo/John Hanna, File)

GENEVA (AP) — The United Nations and partners say more migrants and refugees in Africa are heading northward toward the Mediterranean and Europe, crossing perilous routes in the Sahara where criminal gangs subject them to enslavement, organ removal, rape, kidnapping for ransom and other abuses.

A report released Friday by the U.N. refugee and migration agencies and the Mixed Migration Centre research group estimated that land routes in Africa are twice as deadly as the sea lanes across the Mediterranean — which is the deadliest maritime route for migrants in the world.

The report said new conflict and instability in countries including Mali, Burkina Faso and Sudan have been behind a rise in the number of journeys toward the Mediterranean. But Nigeria, Ivory Coast and Guinea were the top countries of origin of migrants.

It comes as many politicians in Europe and beyond, in an important election year, have fanned or drawn support from anti-immigrant sentiment. But conflict, economic strife, repression and the impact of climate change in many countries in the developing world has fanned the flow of migrants across borders nonetheless — at the risk of physical abuse and death.

“Refugees and migrants are increasingly traversing areas where insurgent groups, militias and other criminal actors operate, and where human trafficking, kidnapping for ransom, forced labor and sexual exploitation are rife,” according to a summary of the report, which follows up on a similar study four years ago.

The authors admit there are no comprehensive statistics on deaths on the land routes in Africa. But refugee agency UNHCR has cited a more-than-tripling of the number of refugees and asylum-seekers in Tunisia — a key transit country for migrants aiming to get to Europe — between 2020 and 2023.

The report aimed to spotlight the dangers of land routes that lead to the Mediterranean, which was crossed by over 72,000 migrants and refugees in the first half of this year, and where 785 people have died or gone missing over those six months, according to UNHCR figures.

UNHCR special envoy Vincent Cochetel, citing accounts from some migrants and refugees who survived, said some smugglers dump sick people off pickup trucks ferrying them across the desert, or don't go back to retrieve others who fall off.

"Everyone that has crossed the Sahara can tell you of people they know who died in the desert, whereas you interview people in Lampedusa: Not that many people will tell you about people they know who ... died at sea,” he said, alluding to an Italian island in the Mediterranean.

The U.N.'s International Organization for Migration reported earlier this year that more than 3,100 people died on the Mediterranean crossing last year.

The authors of the report, which drew on testimonies from over 31,000 people, said international action has been inadequate and pointed to “huge gaps” in protection and help for people making the perilous journey.

“In total, 1,180 persons are known to have died while crossing the Sahara Desert for the period January 2020 to May 2024, but the number is believed to be much higher,” it said.

The risk of sexual violence, kidnapping and death was reported by higher percentages of migrants questioned for the report compared to the previous one in 2020, and Algeria, Libya and Ethiopia were considered by respondents as the most dangerous.

The teams have tallied hundreds of cases of organ removals — a practice that has happened for years, Cochetel said. Sometimes, migrants agree to such removals as a way to earn money.

“But most of the time, people are drugged and the organ is removed without their consent: They wake up, and a kidney is missing,” he said.

Libya has emerged as a primary transit point for migrants fleeing war and poverty in Africa and the Middle East. In March, authorities discovered a mass grave containing the bodies of at least 65 migrants in the deserts of western Libya.

Follow AP’s global migration coverage at https://apnews.com/hub/migration

Vincent Cochetel, UNHCR special envoy for the Western & Central Mediterranean Situation, speaks about the launch of new UNHCR / IOM /MMC report on risks faced by refugees and migrants on the Central Mediterranean route during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, Thursday, July 4, 2024. (Martial Trezzini/Keystone via AP)

Vincent Cochetel, UNHCR special envoy for the Western & Central Mediterranean Situation, speaks about the launch of new UNHCR / IOM /MMC report on risks faced by refugees and migrants on the Central Mediterranean route during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, Thursday, July 4, 2024. (Martial Trezzini/Keystone via AP)

Vincent Cochetel, UNHCR special envoy for the Western & Central Mediterranean Situation, speaks about the launch of new UNHCR / IOM /MMC report on risks faced by refugees and migrants on the Central Mediterranean route during a press conference at the European headquarters of the United Nations in Geneva, Switzerland, Thursday, July 4, 2024. (Martial Trezzini/Keystone via AP)