A federal judge has blocked fresh Title IX rules, including those designed to protect LGBTQ+ students from discrimination in elementary and secondary schools, siding with Republican attorneys general in several states, including Kentucky and West Virginia.
Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky issued a ruling Monday siding with Republican Attorney General Russell Coleman and his counterparts in five other states. The ruling prohibits the U.S. Department of Education from implementing, adopting, enforcing, or taking any action to enforce “the final rule on nondiscrimination on the basis of sex in federally supported educational programs or activities,” which was set to take effect on August 1.
Coleman and the GOP Attorneys General the lawsuit filed in April. At the time, they argued that the Department of Education had “used its legislative power to transform a law designed to ensure equal opportunity for both sexes into a far more comprehensive system of its own design with the new Title IX regulations.”
Reeves circumscribed the injunction to the plaintiff states of Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.
The Biden administration introduced the rules to “build on the legacy of Title IX by making clear that all of our nation’s students have access to schools that are safe, welcoming and respect their rights,” U.S. Education Secretary Miguel Cardona said in a statement. The rules also rolled back Trump administration changes that narrowly defined sexual harassment and ordered schools to hold live hearings in which those accused of sexual harassment or assault could cross-examine their accusers.
In their complaint, the states’ attorneys general stated that under the Biden rule, “men who identify as women will have, among other things, the right to participate in programs and activities that Congress has made available to women so that they can pursue academic and athletic excellence in a fair and inclusive manner – turning Title IX protections on their head. … And anyone who disagrees with this new status quo risks disciplinary action under Title IX for prohibited harassment.”
Founded in 1972, Title IX was created to prevent “discrimination on the basis of sex in educational programs or activities supported by government funding,” according to the Ministry of Education.
Reeves wrote in his statement that “the Department of Education is attempting to derail deeply entrenched laws” created by the implementation of Title IX.
“In essence, the Department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity.’ But ‘sex’ and ‘gender identity’ do not mean the same thing,” he wrote. “The Department’s interpretation is inconsistent with the plain language of Title IX and therefore exceeds its authority to issue regulations under that law.”
Read the ruling by U.S. District Judge Danny Reeves
TITELIX-Interim injunction-EDKY
