Judge blocks Biden’s protections for transgender students in 6 more states

A federal judge on Monday temporarily blocked a Biden administration rule that expanded federal anti-discrimination protections for LGBTQ students.

The ruling by U.S. District Judge Danny C. Reeves suspends enforcement of changes to Title IX — the federal civil rights law that prevents sex discrimination in schools and educational programs that receive government funding — that were finalized in April by the Department of Education in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.

The new rule, which covers discrimination based on sexual orientation and gender identity for the first time, was expected to come into force later this summer.

Reeves, appointed by former President George W. Bush, wrote in his ruling that the plaintiffs — the six GOP-led states, an association of Christian educators and a 15-year-old girl — “will suffer immediate and irreparable harm” if the rule may come into force.

“As [the plaintiffs]correctly argue, the new rule violates the plain text of Title IX by redefining ‘sex’ to include gender identity, violates the First Amendment rights of government employees, and is the result of arbitrary and capricious rules,” Reeves wrote.

His ruling comes days after another federal judge temporarily blocked the administration’s rule from taking effect in Idaho, Louisiana, Mississippi and Montana after the states sued the Biden administration in April. Lawsuits challenging the rule in more than a dozen other Republican-controlled states are still pending.

Although Title IX is a federal law, each administration takes a different approach to enforcing its regulations, which schools are then required to follow as a condition of receiving government funding.

The Biden administration’s changes to Title IX are scheduled to take effect nationwide on August 1, except in states where they have been blocked. Resolutions of disapproval introduced this month by House and Senate Republicans aim to overturn the rule before its enforcement date.

Monday’s decision in Kentucky was celebrated by the state’s Republican attorney general, Russell Coleman, who said the challenge brought against the new rule is part of a larger effort “to protect our women and girls from harm.”

“We are grateful for the court’s decision and will continue to fight the Biden administration’s attempts to strip away protections to advance its political agenda,” Coleman said. in a statement.

Republicans have largely balked at the Biden administration’s Title IX changes, which they say undermine federal anti-discrimination protections for students who are not transgender. The new rule, they argue, also incorrectly applies the reasoning from a 2020 Supreme Court ruling that protects workers from discrimination based on sexual orientation and gender identity to Title IX.

Conservative leaders say the latest update to how Title IX is enforced will allow transgender women and girls to compete on girls’ school sports teams, invalidating laws passed in 24 GOP-led states that ban transgender student-athletes from competing according to their gender. gender identity. Enforcement of four of these laws is already blocked by federal court orders.

However, the Department of Education has not yet finalized a separate rule governing eligibility for athletics. The proposal introduced last year would prohibit schools from adopting policies that categorically ban transgender student-athletes from sports teams that match their gender identity.

Secretary of Education Miguel Cardona in June denied reports that the athletics rule is being deliberately delayed because of the presidential election.

In a statement to The Hill, a Department of Education spokesperson said the department is reviewing Monday’s decision in Kentucky and Thursday’s decision in Louisiana preventing the administration’s new rule from taking effect.

“The Department drafted the final Title IX regulations following a rigorous process to realize the legal guarantee of Title IX,” the spokesperson wrote in an email. “The Department stands by the final Title IX regulations released in April 2024 and we will continue to fight for every student.”

This story originally appeared on thehill.com read the full story