In six states, namely Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia, the Biden administration’s expansion of Title IX has been temporarily halted by a federal judge.
In a decision released on Monday, U.S. District Judge Danny C. Reeves expressed his disapproval of the Department of Education, stating that it lacked a logical explanation for deviating from its established interpretations of sex and failed to address numerous complex questions that were raised during the public comment period.
Title IX, which is applicable to every institution receiving federal funding, has now included “gender identity” in its list of protections against sex-based discrimination. This was made official with the finalization of federal rules in the month of April.
U.S. Secretary of Education Miguel Cardona has emphasized the importance of Title IX in providing equal opportunity for students to learn and succeed without any discrimination based on sex. He stated that the new regulations further strengthen the legacy of Title IX, ensuring that all students have access to safe, welcoming, and respectful learning environments.
Senior administration officials have stated that schools may be in violation of Title IX if they prohibit a transgender individual from using the bathroom that aligns with their gender identity or refuse to refer to them by their preferred pronoun.
Several state laws prohibit transgender students from using facilities, such as bathrooms or locker rooms, that correspond to their gender identity. These laws also limit the use of chosen pronouns and names, either by mandating parental permission or by permitting teachers to exclude the preferred pronouns and name. The recent change directly contradicts these laws.
Lawsuits aiming to obstruct the rule change are being led by various states with such laws.
Just a few days ago, the rules were temporarily blocked from taking effect in several other states by another federal judge. Reeves’s ruling is now adding to the growing list of legal challenges against these rules.
The judge’s decision was met with applause from state leaders.
According to Tennessee Attorney General Jonathan Skrmetti, the constitutional separation of powers is a crucial element that safeguards the authority of the people through their elected representatives to create new laws. He emphasized the importance of defending this principle, which was hard-fought to establish.
LGBTQ advocates, students, and families have warmly received the Title IX alteration by the Biden administration. The change comes as a relief for those who have faced anti-LGBTQ legislation throughout the year.
In 2023, the LGBTQ community was the target of more than 500 laws, as recorded by the ACLU. A significant number of these laws focused on school activities.
Lambda Legal, among other legal organizations, asserts that transgender youth have the right to carry out their daily activities at school with peace and dignity, which has been guaranteed by Title IX for a long time, according to Lambda Legal Senior Counsel Peter Renn in a statement made in May regarding their case against Idaho’s bathroom restrictions.
