A federal judge in Kentucky has permanently blocked a rule from President Joe Biden’s administration aimed at protecting transgender students from discrimination in schools, citing conflicts with Title IX, the federal law prohibiting sex-based discrimination in education.
U.S. District Judge Danny Reeves ruled on Thursday that the Department of Education’s interpretation of Title IX to include gender identity overstepped its legal authority.
The ruling comes after six Republican-led states challenged the policy, arguing it infringed on states’ rights and imposed unconstitutional mandates. Judge Reeves, an appointee of former President George W. Bush, wrote:
“Expanding the meaning of ‘on the basis of sex’ to include ‘gender identity’ turns Title IX on its head.”
The judge also found that the policy infringed upon educators’ First Amendment rights, as it required the use of pronouns consistent with a student’s gender identity.
He noted that this mandate could conflict with some educators’ religious beliefs or free speech protections.
The ruling is the first permanent decision striking down the Biden administration’s policy. It follows temporary blocks placed by other federal judges in multiple states and the U.S. Supreme Court’s refusal in August to allow parts of the rule to take effect in 10 states while appeals were pending.
Tennessee Attorney General Jonathan Skrmetti, who led the challenge, praised the decision, calling it “a huge win for women and girls across America.”
He added: “The court’s ruling is yet another repudiation of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking.”
The Biden administration introduced the rule to ensure transgender students could access facilities and programmes aligning with their gender identity, including restrooms, locker rooms, and sports teams. Proponents argued the rule was necessary to protect transgender students from discrimination and uphold their civil rights.
Opponents contended that the rule would violate privacy and religious freedoms, particularly in the context of sex-segregated spaces like bathrooms and dormitories.
The U.S. Department of Education and Department of Justice have yet to comment on the ruling. Legal experts expect the decision to face appeals, potentially setting the stage for a Supreme Court showdown.
As the ruling coincides with President-elect Donald Trump’s upcoming administration, the future of federal protections for transgender students remains uncertain. Trump has previously signalled his opposition to such policies.
US judge strikes down Biden administration’s rule protecting transgender students