In a major setback for LGBTQ+ rights, a federal judge in Kentucky has invalidated the Biden administration’s Title IX rules expanding protections for LGBTQ+ students nationwide. The judge found that the rules, which aimed to prevent discrimination based on sexual orientation and gender identity, exceeded the president’s authority.
The now-defunct regulation, finalized last year, had already been halted in 26 states due to legal challenges mounted by Republican state leaders. Incoming president Donald Trump, who made opposition to transgender rights a key campaign focus, had vowed to revoke the rules “on day one.”
Scope of the Overturned Rules
The Biden administration’s Title IX update was intended to broaden the 1972 law, which prohibits sex-based discrimination in education, to also cover sexual orientation and gender identity. It expanded the definition of sexual harassment and outlined how schools must respond to reports of such misconduct.
While celebrated by civil rights advocates as giving LGBTQ+ students new recourse against discrimination, the rules sparked outrage among conservatives. Much of the backlash centered on fears it would be used to protect transgender athletes in girls’ sports, although the regulation did not explicitly address athletics.
Judge: Rules Overstepped Authority, Violated Free Speech
In his decision, US District Judge Danny Reeves held that the Department of Education overreached in expanding Title IX beyond its original intent, calling it an “attempt to bypass the legislative process.” He argued there was no indication that the 1972 Congress meant for the law to encompass anything more than it had for the past 50 years.
“The First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner,” Reeves wrote.
Reeves took issue with the rules potentially compelling teachers to use pronouns matching a student’s gender identity, deeming it a free speech violation. Rather than severing certain parts, the judge vacated the entire set of regulations.
Transgender Students Left Vulnerable, Advocates Warn
LGBTQ+ advocacy groups denounced the ruling as a regression in protections for already marginalized students. Glaad president Sarah Kate Ellis noted that transgender and non-binary youth are among the most frequent targets of bullying and harassment in schools.
“Protections for the most vulnerable students make the entire school safer and stronger for everyone,” Ellis said.
The decision comes amid a broader conservative effort to restrict LGBTQ+ rights, particularly those of transgender individuals, across various facets of society. Republican officials have advanced a wave of bills banning gender-affirming medical care, excluding transgender athletes from girls’ sports, and limiting how LGBTQ+ topics can be addressed in classrooms.
An Uncertain Road Ahead
It remains to be seen whether the Biden administration will appeal the ruling. In the meantime, the decision reverts Title IX interpretation to exclude explicit protections for LGBTQ+ students on the basis of their sexual orientation or gender identity.
Advocates worry the ruling could embolden further efforts to erode LGBTQ+ rights and make schools less welcoming places for vulnerable students. As the battle over transgender youth continues to rage, all eyes will be on how the Biden administration and LGBTQ+ advocates adapt their strategies in the face of judicial defeat.
