A federal judge in Kentucky has overturned the Biden administration's Title IX rules, which aimed to expand protections for LGBTQ+ students. On Thursday (January 8), U.S. District Judge Danny C. Reeves ruled that the 1,500-page regulation overstepped presidential authority and was "fatally" flawed. The decision affects the entire nation and comes after the rule was already halted in 26 states due to legal challenges from Republican-led states.

The regulation sought to broaden Title IX, a 1972 law that prohibits sex-based discrimination in education, to include protections against discrimination based on gender identity and sexual orientation. It also aimed to expand the definition of harassment. Civil rights advocates praised the rule for offering LGBTQ+ students new protections, but it faced opposition from conservatives who argued it could protect transgender athletes in girls' sports.

The lawsuit leading to the decision was filed by Tennessee, Kentucky, Indiana, Ohio, Virginia, and West Virginia. Judge Reeves found that the Education Department exceeded its authority by expanding Title IX's scope.

“Congress gave the [Education] Department authority to issue rules, regulations, and orders to effectuate Title IX’s prohibition on sex discrimination consistent with the objectives of the statute. However, the Department exceeded that authority in issuing the Final Rule, and the text of Title IX shows why,” Reeves wrote in his decision.

Judge Reeves also noted that the rule violated free speech rights by compelling teachers to use pronouns aligning with a student's gender identity.

Rather than modify parts of the rule, Reeves decided to discard it entirely, reverting to the previous interpretation of Title IX that had been in place for over 50 years.

WHP580 Newsroom