A federal judge in Kentucky overturned the Biden administration’s nationwide rewriteof Title IX that added “sexual orientation” and “gender identity” into its definition of “sex.”
On Jan. 9, Chief Judge Danny C. Reeves of the Eastern District of Kentucky struck down Title IX’s rewrite when he ruled that the U.S. Department of Education had exceeded its constitutional authority.
Reeves’ order states, “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.”
The ruling applies nationwide.
In 2021, Biden adopted the rule change to Title IX of the Education Amendments of 1972, which were originally created to prevent discrimination against women in federally funded education programs and activities. Taking effect in August 2024, the Biden amended rule opened the door to permit biological men into women’s bathrooms, locker rooms and women’s sports while forcing teachers to act against their beliefs by calling students by pronouns inconsistent with their biological sex.
With Title IX’s original intent to protect women at stake, temporary injunctions blocking the regulation swept across 26 states.
Those fighting to protect women celebrated the rewrite’s removal, including 24-year-old Riley Gaines, a swimmer on the University of Kentucky women’s team who has testified before Congress against permitting biological males in women’s sports. She called the ruling a “Huge win for girls and women everywhere” on X.
Kristen Waggoner, Alliance Defending Freedom CEO, president and general counsel,whose organization has fought for women’s fairness in sports in B.P.J. v. West Virginia State Board of Education and Hecox v. Little, lauded the ruling.
“This is a colossal win for women and girls across the country,” said 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.”
Republican Sen. Bill Cassidy of Louisiana released a statement on the ruling.
“It is clear the Biden-Harris administration completely lost its way on Title IX,” Cassidy said. “They betrayed the original intent of Title IX by removing longstanding protections that ensured fairness for women and girls. Good to see this harmful regulation overturned.”
Photo: Alamy