The Biden administration’s push to expand protections for LGBTQ+ students faced another hurdle on Monday when a federal judge in Kentucky temporarily halted the new Title IX rule in six additional states.
U.S. District Judge Danny C. Reeves referred to the regulation as âarbitrary in the truest sense of the wordâ and granted a preliminary injunction blocking it in Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia. This ruling followed a previous temporary block in Idaho, Louisiana, Mississippi, and Montana.
More than 20 Republican-led states’ attorneys general have filed multiple legal challenges to President Joe Biden’s new policy, claiming it would allow transgender girls to participate in girls’ sports teams. However, the Biden administration clarified that the rule does not extend to athletics.
A request for a preliminary injunction filed by the Republican attorneys general of Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota is still pending. The Education Department has urged the judge to deny the request.
Scheduled to go into effect in August, the rule expands Title IX civil rights protections for LGBTQ+ students, revises the definition of sexual harassment in educational institutions, and enhances safeguards for victims. Title IX, enacted in 1972, prohibits sex discrimination in education.
Republican attorney general of Kentucky, Russell Coleman, praised the judge’s ruling, stating that the regulation would undermine equal opportunities for women.
The Education Department affirmed its commitment to advocating for every student while reviewing the ruling.
In his decision, Judge Reeves emphasized that Title IX aimed to promote gender equality in education and criticized the department for attempting to introduce a new policy that deviates from established law.
The ruling also raised concerns about potential violations of bodily privacy and forced speech, particularly related to using preferred pronouns in educational settings.
The decision by Judge Reeves, appointed by Republican President George W. Bush, represents a setback for the new protections, which have received support from civil rights advocates but faced opposition from critics who believe they undermine Title IX.
Advocacy group Fairness Campaign criticized the ruling for disregarding the transgender community’s rights and impacting vulnerable transgender youth.
The Family Foundation, a conservative public policy organization in Kentucky, commended the judge for pausing the Biden administration’s “radical redefinition of âsexâ” under Title IX.
Despite objections from some GOP states, the Biden administration clarified that the finalized rule does not apply to athletics and proposed a separate regulation to address transgender participation in sports teams.