Federal Judge Strikes Down Biden’s Title IX Regulations Nationwide
Credit: Kevin Dietsch / Getty Images News- A federal judge in Kentucky struck down the Biden administration’s Title IX changes nationwide, ruling them unconstitutional.
- The decision was in response to a lawsuit filed by six states and two additional plaintiffs who took issue with including “gender identity” in the definition of sex discrimination.
- The rules had expanded protections for LGBTQ+ students and replaced 2020 Trump administration rules addressing sexual misconduct and the handling of Title IX complaints.
- The Department of Education can appeal the decision to the U.S. Supreme Court.
A federal judge struck down a Biden administration Title IX rule change nationwide following numerous legal challenges from Republican-led states and conservative advocacy groups over expanded protections for LGBTQ+ students.
In a decision released Thursday, Chief Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky ruled that the regulations “exceed” the Department of Education’s (ED) “authority under Title IX,” and are unconstitutional.
Reeves added that the rules were “the result of arbitrary and capricious agency action” and were “fatally” tainted.
The Biden administration’s rewrite of Title IX went into effect on Aug. 1, 2024, and replaced 2020 Trump administration rules that addressed sexual misconduct and established new requirements for how colleges and universities handle Title IX complaints.
The final regulations expanded the definition of sex-based discrimination to include pregnancy or related conditions, sexual orientation, and gender identity. Additionally, the new regulations forbid discrimination and harassment based on sexual orientation, gender identity, and sex characteristics in federally funded education programs.
“When Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being a male or female,” Reeves wrote in the court ruling.
“As this court and others have explained, expanding the meaning of ‘on the basis of sex’ to include ‘gender identity’ turns Title IX on its head.”
The rewrite also provided a wider definition of sexual harassment, required institutions to investigate all Title IX complaints, and made live hearings of complaints optional with additional restrictions.
“While not directly challenged in this proceeding, the final rule brings new requirements for handling grievances, training, recordkeeping, and processing complaints,” Reeves wrote. “But these regulations refer to and incorporate provisions the court deems invalid, which necessitates jettisoning these regulations as well.”
The Biden administration can appeal the ruling to the U.S. Supreme Court in the days before the Trump administration returns to office on Jan. 20.
The decision was in response to a lawsuit filed by Tennessee, Kentucky, Indiana, Ohio, Virginia, and West Virginia.
Tennessee Attorney General Jonathan Skrmetti called the decision a “huge win for Tennessee,” saying that the ruling was a “repudiation of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking.”
He added that because of the decision, “President Trump will be free to take a fresh look at our Title IX regulations when he returns to office next week.”
Conservative lawmakers and advocacy groups celebrated the decision.
U.S. Rep. Tim Walberg of Michigan, chair of the House Education and Workforce Committee, said in a statement that he was “glad” the court rejected the new Title IX rules, which he says would have “undermined safety, freedom, and fairness for women.”
“I am proud to support Title IX and the women who fought to defend it — today marks an enormous win for women and girls across America,” he added.
Alliance Defending Freedom (ADF), which represented Christian Educators Association International and a high-school female athlete as plaintiffs in the lawsuit, called the decision 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,” ADF CEO, President, and General Counsel Kristen Waggoner said in a statement.
Advocates of the Biden administration’s Title IX rules criticized the decision for putting survivors of sexual assault and LGBTQ+ students at risk.
Fatima Goss Graves, president and CEO of the National Women’s Law Center, said in a statement that the court’s decision “displays extraordinary disregard for students who are most vulnerable to discrimination and are in the most need for federal protections under the Title IX rule.”
“We are in the beginning of the fight to protect the rights of all students, especially LGBTQI+ students, as we transition into a new administration. This court ruling turns long-standing legal precedent on its head in a direct, disproportionate attack on trans students that continues to impact their education and livelihood. For those that are harmed by this ruling, we are continuing to fight for you and your freedoms.”
As of publication, the White House and ED have not issued a public comment.
How We Got Here
In June 2022, the Biden administration released proposed rule changes for Title IX that would formally protect LGBTQ+ students for the first time and rewrite Trump administration rules instituted in 2020 covering sexual misconduct and addressing Title IX complaints.
The finalized regulations were expected by the end of May 2023 but were pushed back to October, and then again to March 2024.
The final rule changes were released in April 2024, giving colleges and universities until Aug. 1, 2024, to comply. The pushback to the new rules was quick, with Republican-led states and conservative lawmakers attempting to block the new Title IX regulations from taking effect.
Twenty-six states had the new rules blocked from taking effect by judges, and in July, the Republican-controlled House of Representatives passed a resolution of disapproval on a party-line vote, which, if passed by the Senate and signed by the president, would have overturned the final rule.
A separate proposal concerning Title IX changes that would allow transgender students to participate in sports was introduced in April 2023. It was delayed several times before being withdrawn in late December.