A federal judge in Kentucky blocked the Biden administration’s attempt to redefine sex in Title IX as “gender identity,” striking down the change nationwide.
The U.S. District Court Eastern District of Kentucky Northern Division issued the decision in Cardona v. Tennessee on Thursday.
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Transgender flag and split with track target. (Getty Images)
“Another huge win for TN and the country!” Tennessee Attorney General Jonathan Skrmetti said in a post on X. “This morning, a federal court ruled in our favor and vacated the Biden administration’s radical new Title IX rule nationwide.
“The court’s ruling is a resounding victory for the protection of girls’ privacy in locker rooms and showers and for the freedom to speak biologically accurate pronouns.”
Sen. Bill Cassidy, R-La., released a statement about the decision.
“It is clear that the Biden-Harris administration completely lost its way on Title IX. They betrayed the original intent of Title IX by removing longstanding protections that ensured justice for women and girls. Good to see this harmful regulation overturned, he said. “With President Trump and a Republican majority in Congress, we will ensure that women and girls have every opportunity to succeed on the field and in the classroom.”
The ruling came months after the Supreme Court rejected the Biden administration’s emergency request to enforce parts of a new rule that would have included anti-discrimination protections for transgender students under Title IX.
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The sweeping rule was issued in April and clarified that Title IX’s ban on “sex discrimination” in schools covers discrimination based on gender identity, sexual orientation and “pregnancy or related conditions.”
The rule went into effect on August 1, and for the first time the law stated that discrimination based on gender includes conduct related to a person’s gender identity.
University of Pennsylvania swimmer Lia Thomas, left, and Kentucky swimmer Riley Gaines react after finishing 5th in the 200 Freestyle finals at the NCAA Swimming and Diving Championships on March 18, 2022, at the McAuley Aquatic Center in Atlanta . (Rich von Biberstein/Icon Sportswire via Getty Images)
That led more than two dozen attorneys general to sue the rule, arguing it would violate some of their state laws that block transgender students from participating in women’s sports.
“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 man or a woman,” the court’s opinion read. “As this Court and others have explained, expanding the meaning of ‘on the basis of sex’ to include ‘gender identity’ would turn Title IX on its head.
“While Title IX attempted to level the playing field between men and women, it is filled with exceptions that allow men and women to be segregated based on the persistent physical differences between the sexes.”
Kristen Waggoner, president, CEO and general counsel at Alliance Defending Freedom, said in a statement that the ruling was a “colossal victory for women and girls” in the United States
“The Biden administration’s radical attempt to redefine sex not only threw the fairness, safety and privacy of female students out the window, it also threatened free speech and parental rights,” she added. “With this decision, the federal court in Kentucky struck down the entire Biden rule and the administration’s illegal actions. We are grateful for the leadership of Tennessee Attorney General Jonathan Skrmetti and other state attorneys who challenged this blatant overreach along with our courageous clients.
“This ruling provides tremendous relief to students across the country, including our client, who has already faced harassment by a male student in the locker room and on her sports team. The U.S. Supreme Court can further protect girls like our client by allowing cases filed of the ACLU against West Virginia and Idaho laws protecting women’s sports.”
The decision came as Sen. Tommy Tuberville, R-Ala., is set to push the Women and Girls in Sports Protection Act to the Senate floor.
A procedural vote on that will take place on Friday.
