A federal judge in Kentucky blocked the Biden administration’s attempt to redefine sex in Title IX as “gender identity,” overturning the change nationwide.
The United States District Court, Northern Division of Kentucky, Eastern District, handed down the ruling in Cardona v. Tennessee on Thursday.
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Transgender flag and division with track finish line. (Getty Images)
“Another great victory 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 struck down the Biden administration’s sweeping new Title IX rule across the country.
“The court’s order is a resounding victory for the protection of girls’ privacy in locker rooms and showers, and for the freedom to pronounce biologically accurate pronouns.”
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 nondiscrimination 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 established that discrimination based on sex includes conduct related to a person’s gender identity.
University of Pennsylvania swimmer Lia Thomas, left, and Kentucky swimmer Riley Gaines react after finishing tied for fifth in the 200 freestyle finals at the NCAA Swimming and Diving Championships on the 18th March 2022 at the McAuley Aquatic Center in Atlanta. (Rich von Biberstein/Icon Sportswire via Getty Images)
This led to more than two dozen attorneys general suing over the rule, arguing that it would conflict with some of their state laws that prevent transgender students from participating in women’s sports.
“When Title IX is considered in its entirety, it becomes 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 said. “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.
“While Title IX sought to level the playing field between men and women, it is riddled with exceptions that allow men and women to be separated based on enduring physical differences between the sexes.”
The decision came as Sen. Tommy Tuberville, R-Alabama, prepares to push the Women and Girls in Sports Protection Act to the Senate floor.
A procedural vote will be held on Friday.
