A federal judge has blocked the Biden administration’s new Title IX rule, which changed language in the law’s ban on “sex” discrimination in schools to cover discrimination based on gender identity and sexual orientation. The rule, which took effect in August 2023, has been challenged by more than two dozen states.
The rule change has drawn strong support from Democrats. They argue it would fortify protections against discrimination for transgender individuals. They also say it would require teachers to use pronouns that align with a student’s gender identity.
Republicans have strongly opposed the rule. They argue it would force women to share private spaces –– such as locker rooms and bathrooms –– with biological men and allow transgender women to compete in women’s sports.
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A U.S. district judge in Kentucky sided with the Republican attorneys general who filed the lawsuit. In his ruling, Judge Danny C. Reeves wrote, “The entire point of Title IX is to prevent discrimination based on sex. Throwing gender identity into the mix eviscerates the statute and renders it largely meaningless.”
Reeves further explained that, when viewed in its entirety, Title IX clearly defines sex discrimination as discrimination based on being male or female, not gender identity.
In response to the ruling, the National Women’s Law Center, an advocacy group for gender justice, wrote, “Today’s decision displays extraordinary disregard for students who are most vulnerable to discrimination and are in the most need for federal protections under the Title IX rule.”
A conservative legal advocacy group, Alliance Defending Freedom, praised the decision, stating, “The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights.”
The ruling comes as Senate Republicans are introducing a bill, the Protection of Women and Girls in Sports Act. The bill would bar transgender athletes from competing in women’s sports at public schools and colleges. A procedural vote on the bill is scheduled for Friday, Jan. 10.
