Federal court strikes down Biden admin’s rewrite of Title IX

The US District Court for the Eastern District of Kentucky Northern Division wrote, "Put simply, there is nothing in the text or statutory design of Title IX to suggest that discrimination 'on the basis of sex' means anything other than it has since Title IX’s inception—that recipients of federal funds under Title IX may not treat a person worse than another similarly-situated individual on the basis of the person’s sex, i.e., male or female."

The court noted that the "Department’s support for the Final Rule lies primarily in the Supreme Court’s decision in Bostock v. Clayton County," and that "The Department reads Bostock far too broadly by importing its holding into the context of Title IX. The Court in Bostock expressly limited its holding to Title VII and, even in that restricted context '[did] not purport to address bathrooms, locker rooms, or anything else of the kind.'"

"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," the court later added. "While Title IX sought to level the playing field between men and women, it is rife with exceptions that allow males and females to be separated based on the enduring physical differences between the sexes."

The order stated, "Because the Final Rule and its corresponding regulations exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiffs’ motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied."

The Supreme Court had denied an emergency request from the Biden-Harris administration to enforce portions of the new rule, which would have forced schools receiving federal funding to allow biological males access to women’s locker rooms, bathrooms, and other facilities. The rule took effect on August 1, and over two dozen attorneys general sued over the rule.

Tennessee Attorney General Jonathan Skrmetti said in a statement, "This is a huge win for Tennessee, for common sense, and for women and girls across America. The court’s ruling is yet another repudiation of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking. Because the Biden rule is vacated altogether, President Trump will be free to take a fresh look at our Title IX regulations when he returns to office next week."

Riley Gaines, a former University of Kentucky swimmer who competed against trans-identified male swimmer Lia Thomas, said, "Huge win for girls and women everywhere!!! This morning, a federal court ruled in favor of reality. Biden's Title IX rewrite has been vacated nationwide. Common sense is slowly returning. Thank you @AGTennessee."

Title IX Decision by Hannah Nightingale on Scribd