Federal Judge Blocks Biden Administration’s Title IX Rewrite Protecting ‘Gender Identity’

A federal judge on Thursday blocked the Biden administration’s Title IX rewrite that added sexual orientation and “gender identity” as protected classes under the civil rights law.

The rule change sought to revise sex-based discrimination, which critics argued would prevent federally funded schools from barring athletes who identify as transgender from participating in women’s sports. As President Joe Biden prepares to leave office, a U.S. district court in Kentucky has struck down the rule nationwide.

“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,” chief judge Danny C. Reeves wrote. “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.”

Enacted in 1972, Title IX originally intended to protect female and male students and employees equally and fairly from sex-based discrimination. Failure to comply would jeopardize federal funding for colleges and universities.

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