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US Judge in Kentucky Blocks Biden’s Title IX Rules, Says ‘Sex’ and ‘Gender Identity’ Are Not the Same • Kentucky Lantern

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A federal judge blocked new Title IX regulations, including those aimed at protecting LGBTQ+ students from discrimination in K-12 schools, and sided with GOP attorneys general in several states — including Kentucky.

Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky issued a ruling Monday that sided with Republican Attorney General Russell Coleman and his counterparts in five other states. The ruling prevents the U.S. Department of Education from “implementing, enforcing, enforcing, or taking any action to enforce the final rule, the prohibition of sex discrimination in educational programs or activities receiving federal financial assistance,” which was scheduled to begin in August. 1.

Kentucky Attorney General Russell Coleman (Kentucky Lantern photo by Mathew Mueller)

Coleman and GOP attorneys general filed a lawsuit in April. They argued at the time that the Department of Education had “used its rule-making power to transform a law intended to equalize opportunities between the sexes into a much broader, self-developed system” under the new Title IX regulations.

Reeves limited the order to the plaintiff states of Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.

The Biden administration has introduced the policies to “build on the legacy of Title IX by making clear that all students in our nation have access to schools that are safe, welcoming and respectful of their rights,” U.S. Secretary of Education Miguel Cardona said in a statement. The legislation would also reverse changes made by the Trump administration narrowly understood sexual harassment and directed schools to hold live hearings, allowing people accused of sexual harassment or assault to question their accusers.

US Secretary of Education Miguel Cardona (photo: Joshua Roberts/Getty Images)

In his complaint, the state’s attorney general said that under a Biden administration, “Men who identify as women will, among other things, have the right to compete in programs and activities made available to women by Congress so that they may fairly and fully pursue academic and athletic excellence – upending upside down Title IX protections. … And anyone who expresses opposition to this new status quo runs the risk of discipline under Title IX for prohibited harassment.”

Founded in 1972, Title IX according to the Department of Education, it was created to prevent “sex discrimination in educational programs or activities that receive federal financial assistance.”

Reeves wrote in his opinion that “the Department of Education is seeking to derail a deeply entrenched law” created by the implementation of Title IX.

“In essence, the Department would turn Title IX on its head by redefining “sex” to include “gender identity.” But ‘sex’ and ‘gender identity’ do not mean the same thing,” he wrote. “The Department’s interpretation is inconsistent with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.”

In a press release, Coleman’s office said Monday that schools that do not comply with the new rules will risk losing federal funding. Citing the Department of Education, the office said public and private schools in Kentucky received a combined $1.1 billion in federal funds last year.

“As a parent and attorney general, I have joined the effort to protect our women and girls from harm. “Today’s ruling recognizes the more than 50 years of educational opportunities that Title IX has created for students and athletes,” Coleman said in a news release. “We are grateful for the court’s ruling and will continue to fight the Biden administration’s attempts to tear down protections to advance its political agenda.”

A department spokesman said it was reviewing the ruling.

“Title IX ensures that no person will experience discrimination on the basis of sex in a federally funded educational environment,” the spokesperson added. “The Department developed the final Title IX regulations after a rigorous process designed to implement Title IX’s statutory guarantee. The department stands by the final Title IX regulations published in April 2024, and we will continue to fight for every student.”

Kentucky politicians react

Reeves wrote in his opinion that the states represented in the lawsuit argued that Title IX rules “would invalidate many states’ and schools’ policies regarding gender-separated sports.” The Kentucky General Assembly passed such a bill in 2022 require school athletes to play on teams associated with their biological sex

The bill’s supporter, Sen. Robby Mills, R-Henderson, praised the measure in a statement, saying it “or stops excessive and capricious overreach by the federal government, in this case by President Biden’s United States Department of Education.” He he added that he viewed the opinion as “further confirmation of the need for legislation supported by the Republican majority in the Kentucky General Assembly and championed by our Republican attorney general.”

Another lawmaker who supported similar legislation, Rep. Ryan Dotson, R-Winchester, said the ruling is “a move that will preserve the integrity of a federal policy created more than half a century ago to ensure biological women can compete on a level playing field.”

Democratic Gov. Andy Beshear previously said he hoped Coleman would avoid it “spreading fear” in the lawsuit. In an interview with The Lantern on Monday, Beshear said he had not read the opinion but believed the lawsuit would be decided by the U.S. Supreme Court.

“I understand that there are different opinions, especially when it comes to sports, justice and all the rest, but I hope that we will talk about it in a way that does not exclude anyone, does not demonize anyone, and that we can talk about what rules should apply in sport, without attacking anyone,” said the “Lighthouse” governor.

Read U.S. District Judge Danny Reeves’ ruling

TITLEX EDKY Order