Federal Judge Overturns Biden Administration’s Title IX Rule Changes

A federal judge in Kentucky has struck down the Biden administration's proposed Title IX changes, ruling that the expanded nondiscrimination protections for LGBTQ students violate the Constitution.

The decision, announced Thursday, effectively halts the administration’s efforts to redefine sex discrimination under the landmark civil rights law.

The Education Department had introduced sweeping updates to Title IX in April, expanding the definition of sex discrimination to include gender identity and sexual orientation. These changes aimed to provide greater protections for LGBTQ students, including transgender athletes and those seeking access to facilities that align with their gender identity.

However, the modifications sparked immediate backlash, with over a dozen Republican-led states filing lawsuits to block the rules. Federal courts had already paused the rule’s implementation in 26 states before Thursday’s ruling.

Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky, appointed by President George W. Bush, declared that the regulations exceeded the Education Department’s authority and misinterpreted Title IX’s original intent.

“There is nothing in the text or statutory design of Title IX to suggest that discrimination ‘on the basis of sex’ means anything beyond its original understanding of male and female,” Reeves wrote.

The ruling also criticized the Biden administration’s reliance on the Supreme Court’s decision in Bostock v. Clayton County. While that case extended Title VII protections to include discrimination based on sexuality or gender identity in employment, Reeves argued that it did not provide grounds for altering Title IX.

Reeves further stated that parts of the rule were “vague and overbroad,” particularly provisions that could classify misgendering a transgender student as harassment, potentially infringing on First Amendment rights.

The lawsuit was brought by several GOP-led states, including Tennessee, Kentucky, Indiana, Ohio, Virginia, and West Virginia, which opposed the expanded definitions of sex discrimination and the proposed accommodations for transgender students.

Republican leaders celebrated the ruling, viewing it as a victory for women’s sports and privacy. Tennessee Attorney General Jonathan Skrmetti called it a “resounding victory for the protection of girls’ privacy,” while Virginia Attorney General Jason Miyares declared the decision safeguards decades of protections for women.

LGBTQ advocacy groups condemned the ruling. Sarah Kate Ellis, president of GLAAD, called the decision a setback for vulnerable students, emphasizing that protections for marginalized groups create safer school environments for all.

GLSEN Executive Director Melanie Willingham-Jaggers described the judgment as an “extreme and activist decision” that ignores the needs of marginalized youth. She noted that over 80% of LGBTQ students report feeling unsafe at school due to their identities, according to a 2021 study.

The ruling has broader implications for school policies addressing harassment and accommodations for pregnant and postpartum students.

Jessica Lee, co-founder of the Pregnant Scholar Initiative, warned that without the updated Title IX protections, pregnant students would struggle to access necessary resources to continue their education.

The Biden administration is expected to appeal the decision, with advocates urging swift action to reinstate the updates.

For now, the ruling represents a significant blow to the administration’s efforts to expand civil rights protections under Title IX, reigniting debates over the balance between safeguarding individual rights and protecting free speech.