A federal judge has blocked the Biden administration’s new Title IX rule nationwide, crushing its efforts to strengthen discrimination protections based on sexual orientation and gender identity.
The ruling by Eastern District of Kentucky Court Chief Judge Danny Reeves in an order Thursday stated that the regulation on Title IX, the federal law that bars sex-based discrimination, is unlawful. He described the rule as “arbitrary and capricious” and pointed out violations of the spending clause and the First Amendment, among other issues.
Key Context
The rule took effect in August after a lengthy rulemaking process that drew hundreds of thousands of public comments. The regulation received praise from civil rights advocates and LGBTQ+ groups but faced strong opposition from Republican lawmakers and conservative organizations.
The Biden administration has hailed its regulation as providing the “most comprehensive coverage” students would receive in the nearly half-century of Title IX. It represented an overhaul of the first Trump administration’s rule that mandated how schools must address sexual misconduct.
Multiple states, including Kentucky, Virginia, Indiana, Tennessee, and West Virginia, filed lawsuits against the rule, arguing that it would penalize them for state laws restricting transgender student participation in women’s sports, impede the First Amendment rights of students and staff, and prevent schools from enforcing policies to “protect student privacy.”
Judge Reeves, who had previously issued a preliminary injunction against the Biden administration’s rule, stated that the department exceeded its authority by issuing a regulation that “conflicts with the plain language of Title IX.”
The ruling comes as the Biden administration is nearing its end, and it is unlikely that the incoming administration will defend the Title IX regulation in court.
Meanwhile, Republican lawmakers in Congress are introducing measures to limit transgender student participation in sports and seeking to codify that sex under Title IX refers to sex assigned at birth. The GOP-led Congress is swiftly moving to fulfill campaign promises made by President-elect Donald Trump that target transgender students in women’s sports.
Congress’ top Republicans overseeing education commended the ruling, with efforts in both chambers to repeal the regulation.
“With President Trump and a Republican majority in Congress, we will ensure women and girls have every opportunity to succeed on the field and in the classroom,” said Senate HELP Chair Bill Cassidy (R-La.), who supported a measure to overturn the rule.
In the House, Education and Workforce Chair Tim Walberg (R-Mich.) stated that the rule “would have undermined safety, freedom, and fairness for women.”
The Education Department did not respond to a request for comment. However, Assistant Secretary for Civil Rights Catherine Lhamon defended her Title IX regulation on Wednesday, criticizing previous rulings that blocked it in several states as “absurd” and expressing concerns about the courts.
“We published the most comprehensive Title IX regulation since 1975 — I love it. I think it’s amazing,” Lhamon stated. “It has been enjoined in multiple lawsuits in multiple states across the country, in total, which is absurd. … I don’t think that augurs well for a set of courts who are eager to be fully responsive to the civil rights guarantees that we have long had.”
