A federal district court in Kentucky has blocked the Biden Administration’s attempt to change the meaning of “sex” in Title IX, the federal law designed to create equal opportunities for women in education and athletics.
U.S. District Judge Danny C. Reeves scrapped the entire 1,500-page regulation after deciding it was “fatally” tainted by legal shortcomings.
The judge ruled that Department of Education’s attempt to redefine protections based on sex to include discrimination based on “sexual orientation,” “gender identity,” “sex stereotypes,” and “sex characteristics” was unconstitutional.
“Because the Final Rule and its corresponding regulations exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiffs’ motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied,” Reeves wrote in the decision.
He called it an “attempt to bypass the legislative process and completely transform Title IX.”
The judge also found that it violated free speech rights by requiring teachers to use pronouns aligning with a student’s gender identity.
“The First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner,” Reeves wrote.
Alliance Defending Freedom (ADF) filed a lawsuit on behalf of a 15-year-old female West Virginia middle school student and Christian Educators International, an association of teachers. The student was forced to compete against a male athlete on her track-and-field team. The male displaced her several times, even taking away her spot to compete in a conference championship. The male athlete was also given access to the girls’ locker room, where the girl said she endured vulgar, sexual comments that the athlete directed at her.
The district court ruling applies nationwide and to every part of the Biden Title IX rule, meaning the rule is completely invalidated, and the U.S. Department of Education is unable to enforce it.
“This is a colossal win for women and girls across the country,” said ADF CEO, President, and General Counsel Kristen Waggoner. “The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights. With this ruling, the federal court in Kentucky rejected the entire Biden rule and the administration’s illegal actions.”
Six states, including Kentucky, joined the suit, State of Tennessee v. Cardona.
“As a parent and as Attorney General, I joined this effort to protect our women and girls from harm. We won for Kentucky all the way to the U.S. Supreme Court,” said Kentucky Attorney General Russell Coleman. “Today’s ruling solidifies the 50-plus years of educational opportunities Title IX has created for students and athletes once and for all.”
Kentucky Baptist Convention Executive Director Todd Gray says the court made the right decision.
“I am grateful that the judge affirmed the obvious distinction between male and female. Kentucky Baptists have spoken clearly against any attempt to undermine God’s created order. Women and girls deserve to be protected from having their most private spaces invaded by biological males,” said Gray. “We are also pleased that Christians in the public schools, including teachers, will not fear being punished for expressing their firmly held convictions regarding biblical sexuality.”
The Family Foundation of Kentucky also applauded the ruling.
“We are grateful for this victory against the Biden Administration’s radical redefinition of ‘sex’ that would reverse opportunities that women and girls have enjoyed for 50 years under Title IX. It is outrageous that this administration is willing to sacrifice the safety, privacy, and educational opportunities of women and girls at the altar of those promoting harmful gender ideologies,” said Family Foundation Executive Director David Walls.
“Kentucky must continue to lead in pushing back against these politicized efforts to promote radical gender ideology during the 2025 General Assembly.”
The rule had already been halted in 26 states after a wave of legal challenges.
Photo by Vlad Vasnetsov: https://www.pexels.com/photo/shallow-focus-photo-of-people-playing-track-and-field-2228741/
