Federal judge strikes down Biden administration’s Title IX gender identity rule nationwide

 A federal judge in Kentucky has issued a nationwide injunction against the administration's attempt to redefine "sex" to include "gender identity" under Title IX.

The decision, handed down on Jan. 9 by the U.S. District Court for the Eastern District of Kentucky Northern Division in Cardona v. Tennessee, marks a major setback for the administration's efforts to expand protections under Title IX. The ruling followed months of legal battles and came after the Supreme Court rejected an emergency request by the administration of outgoing President Joe Biden to enforce portions of the rule.

The administration's interpretation sought to broaden Title IX's ban on sex-based discrimination in schools to include gender identity, sexual orientation and pregnancy-related conditions.

The contested rule, which went into effect on Aug. 1, marked the first time Title IX explicitly defined discrimination based on sex to include gender identity. The changes prompted lawsuits from more than two dozen state attorneys general, who argued the rule conflicted with state laws barring transgender students from participating in women's sports.

In its opinion, the court emphasized that Title IX was originally designed to "level the playing field" between men and women but acknowledged enduring physical differences between the sexes as a basis for allowing separate facilities and activities.  

"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 male or female," the court stated. "Expanding the meaning of 'on the basis of sex' to include 'gender identity' turns Title IX on its head."

The ruling could have significant implications for the ongoing debate over transgender rights in sports.

Tuberville introduces S.9 to preserve Title IX protections for female athletes

The decision coincides with Sen. Tommy Tuberville (R-Ala.) pushing for the Protection of Women and Girls in Sports Act or S. 9 in the Senate to preserve Title IX protections for female athletes by ensuring that men do not compete in women's sports.

Tuberville, who led a bipartisan group of 20 Republican colleagues, argued that this bill reflects the Republican Party's commitment to protect women's sports.

Specifically, the Protection of Women and Girls in Sports Act ensures Title IX provisions treat gender as "recognized based solely on a person's reproductive biology and genetics at birth" and bans federal funding recipients from operating, sponsoring, or facilitating athletic programs that permit a male to participate in a women's sporting event.

"Seventy percent of Americans agree – men don't belong in women’s sports or locker rooms. I have said many times that I think Title IX is one of the best things to come out of Washington. But in the last few years, it has been destroyed. While I'm glad that the Biden administration ultimately rescinded the proposed rule, Congress has to ensure this never happens again," Tuberville said.