Judge Halts Biden’s Transgender Student Protections
A federal judge says the administration exceeded its authority by extending Title IX protections to LGBTQ students.
On January 9, Chief Judge Danny Reeves struck down Biden administration rules that embraced a broader interpretation of Title IX, a 1972 law prohibiting sex-based discrimination in federally-funded educational settings.
Under Biden’s expanded interpretation of Title IX, LGBTQ students can potentially sue if they believe they have been subjected to injustices, such as being bullied or banned from certain spaces because of their sexual orientation or gender identity.
The rules were introduced in the spring of 2024 and were quickly challenged by GOP attorneys general in Kentucky, Tennessee, Ohio, Indiana, Virginia, and West Virginia, who have argued that “sex” refers only to biological sex as observed at the time of a person’s birth.
Therefore, they argued, sex-based discrimination should only apply to instances where a person is discriminated against based on their assigned sex at birth and not their gender identity.
The lawsuit also challenged a provision allowing transgender students to sue school facilities that align with their gender identity.
Reeves, of the U.S. District Court for the Eastern District of Kentucky, blocked the rules from taking effect in those states by arguing that “sex” and “gender identity” are different concepts. He sided with the attorneys general, finding the rules “unlawful.”
The judge said that schools in states that sued over implementing the rules “need not comply” with the administration’s mandate. He said that the U.S. Department of Education exceeded its authority by expanding the definition of “sex” to include gender identity — undermining the spirit of Title IX, which was originally proposed to protect women from being denied academic or athletic opportunities afforded to males.
“The entire point of Title IX is to prevent discrimination based on sex,” Reeves wrote in his decision. “Throwing gender identity into the mix eviscerates the statute and renders it largely meaningless.”
The ruling is yet another defeat for the Biden administration, which saw its Title IX guidance blocked from being enforced in 26 states following multiple lawsuits from GOP attorneys general.
Notably, the expanded Biden guidance doesn’t mention participation in sports — despite assertions from Republicans that the rules will deny cisgender female students opportunities to succeed in sports.
The Biden administration has proposed a separate rule that deals with sports participation.
Under that proposal, schools would be allowed to ban transgender high school and collegiate students from sports teams that align with their gender identity if an athlete is believed to hold an unfair physiological advantage over their competitors. However, schools may not categorically ban transgender students from participation, and must base their decisions on individual circumstances.
President-elect Donald Trump has said that he will roll back protections that recognize gender identity on “day one” of his administration. During his previous term, from 2017 to 2021, the Department of Education embraced a narrower interpretation of Title IX that deemed that the statute’s protections did not extend to LGBTQ individuals.
The National Women’s Law Center condemned Reeves’ ruling, saying it “displays extraordinary disregard for students who are most vulnerable to discrimination and are in the most need [of] federal protections under the Title IX rule.”
“The Biden administration’s Title IX rule is essential to ensure that all students — including survivors of sexual assault and harassment, pregnant and parenting students, and LGBTQI+ students — are able to learn in a safe and welcoming environment,” NWLC President Fatima Goss Graves said in a statement.
“We are in the beginning of the fight to protect the rights of all students, especially LGBTQI+ students, as we transition into a new administration,” Graves continued. “This court ruling turns long-standing legal precedent on its head in a direct, disproportionate attack on trans students that continues to impact their education and livelihood.”
Support Metro Weekly’s Journalism
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.