A federal judge in Kentucky has overturned the Biden administration’s expansion of Title IX protections for LGBTQ+ students, marking a significant legal setback for the current administration’s efforts to enhance civil rights protections.
In a ruling issued on Thursday, U.S. District Judge Danny C. Reeves declared that the 1,500-page regulation was “fatally” flawed and overstepped the authority granted to the president.
The decision follows a wave of legal challenges filed by Republican-led states, including Tennessee, Kentucky, Indiana, Ohio, Virginia, and West Virginia, and represents a major victory for those who oppose the expanded scope of the law.
The Biden administration’s revised Title IX regulations were initially hailed by civil rights advocates as a crucial step forward for LGBTQ+ students.
The changes extended the 1972 law, originally designed to prevent sex-based discrimination in education, to include protections for gender identity and sexual orientation. Additionally, the rule sought to redefine harassment to cover a broader spectrum of misconduct.
However, these changes sparked fierce opposition from conservatives, particularly over concerns about the inclusion of transgender athletes in girls’ sports.
One of the primary points of contention was the Education Department’s interpretation of Title IX, which Reeves found to be an overreach.
The judge ruled that the law, as it was originally enacted in 1972, did not authorize such an expansive application.
He also argued that the revised rule violated First Amendment rights by compelling educators to use students’ preferred pronouns, which he viewed as government-mandated speech. Reeves contended that such requirements infringed on the freedom of expression guaranteed by the Constitution.
In a statement, Tennessee Attorney General Jonathan Skrmetti praised the ruling, calling it a rejection of what he described as the Biden administration’s “radical gender ideology.”
He suggested that the decision would pave the way for President Trump, should he return to office, to revisit Title IX regulations. Critics of the rule, including former Education Secretary Betsy DeVos, also expressed their approval of the court’s decision.
DeVos referred to the Biden administration’s rewrite of Title IX as “radical, unfair, illegal, and absurd.”
The ruling has reignited the political and legal debate over LGBTQ+ rights in the education system.
Moreover, with the regulation now scrapped, schools and colleges will revert to previous Title IX interpretations, leaving LGBTQ+ students without the expanded protections they had hoped for. However, the decision is likely to be appealed, and its long-term impact remains uncertain.
As the legal landscape evolves, one thing is clear: the battle over Title IX and its application to LGBTQ+ students is far from over. The issue will likely remain at the forefront of national discussions, particularly as the 2024 presidential election approaches.