The Biden administration's push to broaden protections for LGBTQ+ students faced another obstacle on Monday when a federal judge in Kentucky temporarily halted the new Title IX rule in six additional states.
Judge Temporarily Blocks Biden's Title IX Rule
U.S. District Judge Danny C. Reeves characterizes the regulation as "arbitrary in the truest sense of the word" while circulating an initial prohibition to block it in Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia.
This follows an akin ruling by another federal judge that temporarily halted the rule in Idaho, Louisiana, Mississippi, and Montana.
Attorney generals from over 20 Republican-led states have filed at least seven legal difficulties against President Joe Biden's policy.
Republicans claim the policy desires to permit transgender girls to compete on girls' athletic teams, though the Biden administration states the rule does not apply to athletics.
Meanwhile, Republican attorney generals from Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota have requested an initial prohibition, which the Education Department has asked a judge to deny.
The rule, set to take effect in August, broadens Title IX protections to LGBTQ+ students, expands the definition of sexual harassment in schools and colleges, and adds safeguards for victims. Title IX, passed in 1972, bars discrimination based on sex in educational settings.
Kentucky's Republican attorney general, Russell Coleman, praised the ruling, arguing the regulation would undermine equal opportunities for women and stating that the U.S. Department of Education's try to redefine 'sex' to include 'gender identity' is unlawful.
Title IX's Prohibition of Sex Discrimination in Federally Funded Education
The Education Department conveyed its commitment to defending the rule, highlighting Title IX's guarantee against sex discrimination in federally funded educational environments and emphasizing the rigid process followed to craft the final regulations.
Judge Reeves, however, argued that the new policy seeks to overturn established law, stating that 'sex' and 'gender identity' are distinct and that the department's interpretation exceeds its authority under Title IX.
He warned that the rule would violate students' bodily privacy and mandate that schools allow access to intimate spaces based on gender identity, conflicting with Title IX's protections.
Reeves also highlighted potential First Amendment issues, noting that the rule could compel educators to use pronouns based on students' gender identity, conflicting with educators' religious or moral beliefs.
The ruling, made by Reeves, a Republican appointee, represents another barrier to the new protections, which have been praised by civil rights advocates but condemned by opponents for undermining Title IX.
The Fairness Campaign, a Kentucky-based LGBTQ+ advocacy group, condemned the decision, while The Family Foundation, a conservative organization, applauded the judge for halting what it called a radical redefinition of 'sex' under Title IX.
Several GOP-led states have laws preventing transgender girls from competing on girls' sports teams, debating whether the new policy would permit such participation.
The Biden administration has proposed a separate rule to prohibit blanket bans on transgender athletes but maintains that the current rule does not address athletics.
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