The Biden administration’s efforts to expand protections for LGBTQ+ students faced another obstacle on Monday, as a federal judge in Kentucky temporarily blocked the new Title IX rule in six additional states.
U.S. District Judge Danny C. Reeves described the regulation as “arbitrary in the truest sense of the word” as he granted a preliminary injunction blocking it in Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia. This ruling followed a separate federal judge’s temporary block of the rule in Idaho, Louisiana, Mississippi, and Montana.
More than 20 Republican-led states’ attorneys general have filed legal challenges against President Joe Biden’s new policy, arguing that it is a guise to permit transgender girls to participate in girls’ athletic teams. However, the Biden administration clarified that the rule does not apply 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 opposed this request.
Scheduled to take effect in August, the rule expands Title IX civil rights protections for LGBTQ+ students, broadens the definition of sexual harassment at educational institutions, and adds safeguards for victims. Title IX, enacted in 1972, prohibits sex discrimination in education.
The ruling in Kentucky on Monday was praised by the state’s Republican attorney general, Russell Coleman, who argued that the regulation would undermine equal opportunities for women.
The Education Department stated that it will “continue to fight for every student” while reviewing the ruling.
Reeves noted in his ruling that Title IX was designed to “level the playing field” between men and women in education and criticized the department for attempting to overturn established law with the new policy.
The judge highlighted potential privacy violations and conflicts with Title IX if the rule were to be implemented, particularly in regard to intimate spaces and the use of preferred pronouns.
The new rule also raised concerns about potential violations of the First Amendment, specifically related to compelling speech and engaging in viewpoint discrimination.
Reeves, appointed by Republican President George W. Bush, delivered the latest setback to the new protections, which received praise from civil rights advocates but faced criticism from opponents who believe they undermine Title IX.
The decision was strongly opposed by the Fairness Campaign, an LGBTQ+ advocacy group based in Kentucky, while The Family Foundation, a socially conservative organization, applauded the judge for halting the rule temporarily.
Several GOP states have laws prohibiting transgender girls from participating in girls’ sports teams, and they fear the new policy could change that. The Biden administration has proposed a separate rule to prevent blanket bans on transgender participation in sports.
