A federal judge overturned the Biden administration’s new Title IX rule on Thursday, undoing efforts meant to “strengthen civil rights protections for all, including for LGBTQI+ students and staff” in public and higher education, according to a press release.
Title IX prohibits discrimination on the basis of sex in federally funded education programs or activities. Last April, the Biden administration amended Title IX regulations to align with its non-discrimination mandate, which included expanding the definition of “sex discrimination” to include discrimination on the basis of gender identity or sexual orientation.
The rule resulted in lawsuits from 26 states, including Texas, and did not take effect in those states. Chief Judge Danny Reeves of the Eastern District of Kentucky ruled the Title IX overhaul exceeded the authority of the Department of Education and violated the Constitution.
Reeves said expanding sexual discrimination to gender identity in the context of Title IX results in “stark inconsistencies,” since Title IX includes exceptions still allowing males and females to be separated based on physical characteristics in living facilities, sororities and fraternities.
“The entire point of Title IX is to prevent discrimination based on sex — throwing gender identity into the mix eviscerates the statute and renders it largely meaningless,” Reeves said in the ruling.
Reeves said the rule violates free speech by compelling educators to use gender identity-based pronouns.
Brian Klosterboer, a Texas attorney at American Civil Liberties Union, a nonprofit civil rights organization, said the ruling was “not entirely unexpected,” given the decisions of lower courts to block the Title IX expansion. Klosterboer said he expects the litigation surrounding Title IX to continue next term.
“While litigation will continue at the federal level and across different states … the battle right now is that people are continuing to live their daily lives amidst an incredibly hostile climate where politicians and the government continue to go after (LGBTQ+ Texans),” Klosterboer said.
Texas Attorney General Ken Paxton sued the National Collegiate Athletic Association on Dec. 22 for its inclusion of transgender athletes. Paxton said in a press release that NCAA deceived its fans by marketing sports events as “women’s” competitions while allowing transgender competitors, who he referred to as biological men. In September 2023, Texas passed bills banning gender-affirming care for minors and prohibiting transgender Texan athletes from competing on college teams according to their gender identity. Klosterboer said he expects more “anti-trans” bills to be filed in the upcoming legislative session.
Other courts interpret the original text of Title IX or the Equal Protection Clause of the Constitution to protect transgender athletes, Klosterboer said. These legal strategies remain unaffected by the overturn of Biden’s Title IX amendments.
“There are a number of court cases across the country where trans students are winning and simply being allowed to play sports as their true and authentic selves,” Klosterboer said. “Of course, the litigation we expect to continue for years to come.”