In Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia, the Biden administration’s expansion of Title IX has been put on hold by a federal judge on a temporary basis.
In a recent decision issued on Monday, U.S. District Judge Danny C. Reeves strongly criticized the Department of Education for failing to provide a clear explanation for its departure from the longstanding interpretations of sex. He expressed his disappointment with the lack of answers provided by the Department of Education during the public comment phase, despite the many difficult questions raised by concerned individuals.
In a historic move, “gender identity” was included in the list of protections against sex-based discrimination by the finalized federal rules in April. This marks the first time that Title IX, which bars discrimination based on sex at any institution receiving federal funding, has officially recognized gender identity as a protected characteristic.
U.S. Secretary of Education Miguel Cardona emphasized the importance of Title IX in ensuring equal opportunities for learning and growth in our schools, free from any form of sex discrimination. He stated that the recent rule change strengthens the foundation set by Title IX and ensures that all students have access to safe, welcoming schools that respect their rights.
Senior administration officials have stated that schools may be in violation of Title IX if they do not allow transgender individuals to use the bathroom that aligns with their gender identity or if they refuse to refer to them by their chosen pronoun.
Several state laws prohibit transgender students from using facilities, such as bathrooms or locker rooms, that match their gender identity, as well as restricting the use of their chosen pronouns and names. These laws either require parental permission or give teachers the option to not use preferred pronouns and names. However, this change directly opposes such restrictions.
Lawsuits aimed at hindering the rule change are being initiated by several states with such laws.
Just a few days ago, the rules were temporarily blocked by another federal judge from being implemented in several other states. Reeves’s ruling now adds to this recent development.
The decision made by the judge was met with applause from state leaders.
Tennessee Attorney General Jonathan Skrmetti emphasized the importance of safeguarding the constitutional separation of powers. He stated that this principle guarantees that only the people, through their elected representatives, have the authority to create new laws. The fight to uphold this fundamental aspect of our democracy was a challenging one, but one that was necessary to preserve our system of government.
LGBTQ advocates, students, and families have warmly welcomed the Title IX change brought by the Biden administration. This comes as a relief in the face of anti-LGBTQ legislation that has been passed throughout the year.
In 2023, the LGBTQ community was targeted by over 500 laws that were documented by the ACLU. The majority of these laws focused on school-related activities.
Lambda Legal, along with other legal organizations, has been advocating that Title IX ensures transgender youth are entitled to “peaceful and dignified” everyday school life. In a statement made by Senior Counsel Peter Renn in May regarding Lambda Legal’s legal battle against Idaho’s bathroom restrictions, he emphasized this point.
