A federal judge in Kentucky has recently blocked the Biden administration’s initiative to extend protections against discrimination for LGBT students. The rule, which aimed to ensure that gender identity was included under Title IX’s prohibition of sex-based discrimination, was set to take effect on August 1. However, the ruling by Judge Danny Reeves, an appointee of former President George W. Bush, prevents this in six Republican-led states.
Reeves’ decision brings the total number of states with blocked enforcement to ten. His ruling aligns with an earlier decision in Louisiana, which also prevented the rule from taking effect. According to Reeves, the rule contradicts the original intent of Title IX, which he argued was designed to prevent sex-based discrimination and not to include gender identity. He further contended that the rule would infringe upon the First Amendment rights of educators by mandating the use of pronouns that align with a student’s gender identity.
Republican attorneys general from Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia, along with a group of Christian educators, were the plaintiffs in the case. They argued that the rule would compel schools to permit transgender students to use restrooms and locker rooms corresponding to their gender identity, which they claimed could infringe on the rights of other students.
The Education Department, standing by the rule, cited a 2020 Supreme Court decision affirming that Title VII’s ban on sex discrimination also covers sexual orientation and gender identity. This ruling serves as a critical precedent for interpreting Title IX. Despite the setbacks in court, the department maintains that these protections are necessary to uphold the principles of equality and non-discrimination in education.
This legal battle underscores the ongoing conflicts over LGBT rights and the interpretation of federal civil rights laws. With multiple states still engaged in lawsuits challenging the rule, the ultimate resolution may depend on future judicial decisions or legislative action.