A federal court in Kentucky (United States) blockade This Thursday, January 9, across the country, a Department of Education rule that prohibited discrimination against a person’s declared “gender identity” in primary and secondary schools and universities.
The court’s decision to strike down the rule has been hailed as a major victory by opponents of the regulation. With President-elect Donald Trump taking office in less than two weeks, it is highly unlikely that the federal government will file an appeal, which would essentially mean the rule would be void.
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The rule, implemented by President Joe Biden’s administration, reinterprets Title IX prohibition on discrimination based on “sex” to include a prohibition on discrimination based on “gender identity,” although the phrase “gender identity” does not appear anywhere in the 1972 law.
Judge Danny C. Reeves of the District Court for the Eastern District of Kentucky ruled that the department “exceeded its legal authority” in implementing the rule and found that the rule itself violates the United States Constitution because it would “restrict speech.” related to gender ideology and because it is “vague and too broad” in how it is written.
The lawsuit against the Biden administration’s Title IX rule change was filed by the attorneys general of six states: West Virginia, Kentucky, Tennessee, Indiana, Ohio and Virginia. State officials warned that the rule would override state laws that separate sports, bathrooms, locker rooms and dormitories based on biological sex.
“This is a victory not only for the rule of law, but also for common sense and the safety of all students,” said West Virginia Attorney General and Governor-elect Patrick Morrisey. in a statement.
“The Biden administration’s Title IX revisions would have ended sex-based protections for biological women in all aspects of education, and this would have marked a rollback in the progress women have made,” she added.
Reeves wrote in his ruling that Title IX’s prohibition on sex discrimination is “very clear” that the law refers to discrimination “on the basis of being a man or a woman.” He wrote that “there is nothing in the text or statutory design of Title IX that suggests that discrimination ‘on the basis of sex’ means anything other than what it has meant since the inception of Title IX.”
“The goal of Title IX is to prevent discrimination based on sex; including gender identity into the mix destroys the statute and renders it largely meaningless,” the court order reads.
According to Reeves, if the department were to interpret Title IX’s prohibition on sexual harassment to include “gender identity,” it would “restrict speech or require affirmation of a belief with which the speaker disagrees” in relation to speech. related to the use of certain pronouns or about other aspects of gender ideology. He considered this violates the First Amendment guarantee of freedom of expression.
“Plaintiffs reasonably fear that teachers’ (and others’) speech on gender issues or their failure to use pronouns based on gender identity would constitute harassment under the final rule,” the court order reads.
Alliance Defending Freedom (ADF) President and General Counsel Kristen Wagoner in a statement called the court order “a colossal victory for women and girls across the country.” ADF represents a West Virginia high school athlete and the International Association of Christian Educators in the lawsuit.
“This ruling comes as a tremendous relief to students across the country, including our client, who has already experienced harassment by a student in the locker room and on her sports team,” Wagoner said.
Tennessee Attorney General Jonathan Skrmetti called the court order a “major victory for (Tennessee) and the country.” in a post on X.
“The court’s order is a resounding victory for the protection of girls’ privacy in locker rooms and showers, and for the freedom to use biologically accurate pronouns,” she said.
Virginia Attorney General Jason Miyares wrote in a post on: “All of America is now safe from Biden’s attempt to undermine half a century of historic protections for women.”
Prior to this decision, the Biden administration’s Title IX rule enforcement was already suspended in more than half of the country. Numerous state attorneys general and sports associations had challenged the rule across the country.
Trump has promised to reverse the Biden administration’s promotion of gender ideology in federal regulations, and has committed to “stop the transgender madness” on his first day in office.
Translated and adapted by the ACI Prensa team. Originally published in CNA.
Tyler Arnold
Tyler Arnold is a reporter for the National Catholic Register. He previously worked at The Center Square and has published in a variety of outlets, including The Associated Press, National Review, The American Conservative, and The Federalist.