The U.S. Department of Education’s (DOE) attempt to add “gender identity” to the Title IX prohibition of sex discrimination has been outlawed nationwide by a federal judge in Kentucky.
In State of Tennessee v Cardona, U.S. District Judge Danny C. Reeves found that DOE “exceeded its statutory authority” in implementing its rule expanding Title IX safeguards. In his decision, Reeves wrote that the prohibition on sex discrimination is “abundantly clear” that the law refers to discrimination “on the basis of being male or female.” He added that “there is nothing in the text or statutory design of Title IX to suggest that discrimination ‘on the basis of sex’ means anything other than it has since Title IX’s inception.” The 1972 law does not mention “gender identity”.
The rule had been subject to injunctions delaying its August 1st, 2024 implementation.
Reeves’ ruling is expected to be the final word on the case. With the Biden Administration leaving in a matter of days and the incoming Trump Administration opposed to the DOE’s effort, an appeal of the decision is unlikely.
Nearly two dozen state attorneys general sued the federal government over its mandate. One of the plaintiffs in the case, Kristen Waggoner, CEO of The Alliance Defending Freedom hailed the ruling:
“This is a colossal win for women and girls across the country. The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights. With this ruling, the federal court in Kentucky rejected the entire Biden rule and the administration’s illegal actions. We are thankful for the leadership of Tennessee Attorney General Jonathan Skrmetti and other state attorneys general who challenged this blatant overreach alongside our courageous clients. This ruling provides enormous relief for students across the country, including our client (a female high school athlete in West Virginia pictured above) who has already suffered harassment by a male student in the locker room and on her sports team.”
