Judge blocks Biden’s new Title IX rule in six more states

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Quick Hit:

A federal judge in Kentucky has halted the implementation of President Biden's expanded Title IX rule concerning LGBT students in six states, marking another setback for the administration's policy efforts.

Key Details:

  • Ruling Issued: U.S. District Judge Danny Reeves, appointed by President George W. Bush, issued a temporary injunction against the rule in Kentucky, Tennessee, Indiana, Ohio, Virginia, and West Virginia.
  • Legal Challenge: The lawsuit led by Kentucky AG Russell Coleman argues that the new Title IX definitions overstep legal boundaries by including "gender identity" under protections against sex discrimination.
  • Previous Developments: This follows a similar ruling by Judge Terry A. Doughty, who blocked the same rule in four other Republican-led states last week.

Diving Deeper:

On Monday, U.S. District Judge Danny Reeves blocked the implementation of an expanded Title IX rule in six states. This rule, set to take effect on August 1, 2024, was designed to extend protections to LGBT students by outlawing discrimination based on gender identity. The block affects Tennessee, Kentucky, Indiana, Ohio, Virginia, and West Virginia.

The ruling came in response to a lawsuit filed by Kentucky Attorney General Russell Coleman, which argued that the Department of Education (ED) had exceeded its authority. The complaint highlighted concerns that the ED's new rule unlawfully broadens the scope of Title IX, which was originally enacted in 1972 to prevent sex-based discrimination in federally funded education programs.

Judge Reeves supported this viewpoint in his decision, stating that the rule's redefinition of 'sex' to include gender identity contradicts the original text of Title IX and infringes upon government employees' First Amendment rights. He further criticized the rulemaking process as "arbitrary and capricious."

In response to the ruling, an ED spokesperson expressed disappointment but reaffirmed the Department's commitment to fighting for the rights of all students, stating, "The Department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student."

 

"Joe Biden" by Gage Skidmore licensed under CC BY-SA 2.0 DEED.

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