On Monday, a federal judge issued a temporary block on the Biden administration’s rule that aimed to expand federal nondiscrimination protections for LGBTQ students.
U.S. District Judge Danny C. Reeves has put a stop to the implementation of modifications made to Title IX. This federal law is in place to prevent sex discrimination in schools and education programs that are funded by the government. The Education Department had finalized these changes in April, and they were set to be enforced in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.
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For the first time, the new rule will cover discrimination based on sexual orientation and gender identity. Originally scheduled to take effect later this summer, the rule is now in place.
In his ruling, Reeves, who was appointed by former President George W. Bush, stated that allowing the rule to take effect would result in immediate and irreparable harm for the plaintiffs. The plaintiffs include six states led by the GOP, an association of Christian educators, and a 15-year-old girl.
According to Reeves, the plaintiffs have rightfully pointed out that the new rule goes against the clear language of Title IX by expanding the definition of ‘sex’ to include gender identity. Additionally, it infringes on the First Amendment rights of government employees and has been established through arbitrary and discriminatory rulemaking.
Recently, a federal judge made a ruling regarding the Biden administration’s rule. This ruling came shortly after another federal judge temporarily halted the implementation of the rule in four states, namely Idaho, Louisiana, Mississippi, and Montana. These states had sued the Biden administration in April. However, there are still ongoing lawsuits challenging the rule in more than a dozen other Republican-controlled states.
Each administration has its own approach to enforcing Title IX regulations, which schools must follow to receive government funding. While Title IX is a federal law, the implementation of these regulations can vary depending on the administration in power.
The nationwide implementation of the changes made by the Biden administration to Title IX is scheduled for August 1, but in states where it has been blocked, it won’t be enforced. Republican members of the House and Senate have filed disapproval resolutions this month, with the aim of striking down the rule before its enforcement date.
Kentucky’s Republican Attorney General, Russell Coleman, celebrated Monday’s ruling, stating that the challenge against the new rule is just one part of a broader effort “to safeguard our women and girls from harm.”
Coleman expressed gratitude for the court’s ruling and vowed to continue fighting against the efforts of the Biden Administration to remove protections in order to push forward its political agenda. In a statement, Coleman emphasized the importance of safeguarding these protections.
Many Republicans have opposed the Title IX changes proposed by the Biden administration, claiming that it threatens the federal nondiscrimination protections for non-transgender students. They also argue that the new rule wrongly applies the logic of a 2020 Supreme Court ruling, which safeguards employees from discrimination based on gender identity and sexual orientation, to Title IX.
According to conservative leaders, the most recent update to the enforcement of Title IX will permit transgender women and girls to participate in female school sports teams, which they believe invalidates laws passed in 24 states that are governed by the GOP and prohibit transgender student-athletes from competing in accordance with their gender identity. However, federal court orders have already blocked the enforcement of four of these laws.
The Education Department is still in the process of finalizing a distinct rule that pertains to athletics eligibility. As per the proposal that was introduced last year, schools would be prohibited from implementing policies that systematically prohibit transgender students from participating in sports teams that align with their gender identity.
In June, Miguel Cardona, the Education Secretary, refuted claims that the athletics rule is intentionally being postponed due to the presidential election.
According to an Education Department spokesperson, they are currently reviewing the recent rulings in Kentucky and Louisiana that halted the implementation of the administration’s new rule. The statement was given in response to inquiries from The Hill.
In an email response, a spokesperson stated that the final Title IX regulations were formulated after a thorough process to uphold the statutory guarantee of Title IX. The Department remains committed to the regulations released in April 2024 and will persist in advocating for every student.
