Second Federal Court Halts DOE’s Title IX Rewrite – Protecting Girls’ Sports & Spaces

A second federal court has immediately halted the Biden administration’s “illegal” rewrite of Title IX, which redefined “sex” in federal law to include “gender identity.”

On April 19, the U.S. Department of Education released its “Final Rule under Title IX” effectively erasing “woman” as a protective category by allowing any male to claim it as an “identity.” That change permits men to access women’s locker rooms, bathrooms and sports.

As a result, various lawsuits (at least seven) have been filed against the DOE’s rule.

One such lawsuit, spearheaded and argued by Alliance Defending Freedom (ADF), was filed on behalf of a 15-year-old female West Virginia high school athlete and Christian Educators Association International. Six states also joined the lawsuit.

In a 93-page order released on June 17, 2024, Judge Danny Reeves, Chief Judge on the U.S. District Court for the Eastern District of Kentucky, enjoined (stopped) the U.S. Department of Education (DOE) from enforcing its Final Rule in Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia – the six states that had joined ADF’s lawsuit.

The new injunction protects these states from the Final Rule while the lawsuit plays out.

Judge Reeves, who was nominated to the court in 2001 by former President George W. Bush, begins his opinion with this clear statement: “There are two sexes: male and female.”

In his second paragraph, he quickly details some of the Final Rule’s fatal flaws.

“The new rule contravenes the plain text of Title IX by redefining ‘sex’ to include gender identity, violates government employees’ First Amendment rights, and is the result of arbitrary and capricious rulemaking,” Judge Reeves wrote.

He also explains how the DOE’s alteration would undermine Title IX entirely by affording any man who claims to be a “woman” the same protections as actual women.

The court writes:

Nonetheless, despite society’s enduring recognition of biological differences between the sexes, as well as an individual’s basic right to bodily privacy, the Final Rule mandates that schools permit biological men into women’s intimate spaces, and women into men’s, within the educational environment based entirely on a person’s subjective gender identity.

This result is not only impossible to square with Title IX but with the broader guarantee of education protection for all students.

The attorneys general of Tennessee, Kentucky, West Virginia, Indiana and Virginia all issued statements celebrating the court’s ruling.

ADF Senior Counsel Hal Frampton, who argued before the court on the plaintiffs’ behalf, issued a statement applauding the court’s decision.

“The Biden administration’s radical redefinition of ‘sex’ will upend the equal opportunities that women and girls have enjoyed for 50 years under Title IX and will threaten their safety and privacy at every level,” Frampton said, adding,

The court was right to halt the administration’s illegal efforts to rewrite Title IX while this critical lawsuit continues. Our female athlete client has already suffered the humiliation and indignity of being harassed by a male student in the locker room and on her sports team.

No one else should have to go through that. We are pleased the court ruled to uphold safety and privacy while this lawsuit continues.

Powerhouse women’s rights advocate Riley Gaines also celebrated the news in a post on X.

“Great news! Biden’s illegal rewrite of Title IX won’t go into effect in TN, KY, VA, WV, OH, & IN. A federal court granted an injunction for the Title IX lawsuit filed by mentioned states,” Gaines wrote. “This is a huge win. The gender ideology house of cards is falling fast.”

The decision by Judge Reeves comes just four days after Judge Terry Doughty, in a similar but related case, also issued a ruling halting the DOE’s rewrite of Title IX. Judge Doughty’s decision applied to the states of Louisiana, Mississippi, Montana and Idaho.

Between these two ruling, there are now 10 states protected from the DOE’s radical and immensely significant rewrite of Title IX.

The DOE’s new regulation is perhaps one of the most far reaching and consequential changes to a federal rule ever published by the U.S. Department of Education. It would have drastic and dire societal consequences, touching the lives of practically every student in America.

There are still five more lawsuits against the Final Rule pending in various courts around the nation. Please pray that more states – and therefore more girls and women – will be protected from the DOE’s Final Rule.

Consider making your voice heard, letting your representative know you oppose the Department of Education’s “Final Rule under Title IX” and encouraging them to hold the DOE accountable.

The case is Tennessee v. Miguel Cardona.

Related articles and resources:

Court Rules Against DOE’s Title IX Rewrite, Saving Women’s Sports & Spaces – For Now

Huge Title IX Win: Department of Education’s 2021 Interpretation Ruled ‘Unlawful’

Gov. Sanders’ Powerful Speech Defending Girls’ Sports: ‘We Will Not Comply’

Title IX Redefinition of ‘Sex’ Faces Defiance and a Flood of Lawsuits

Florida and Oklahoma Reject Biden Admin’s Rule Letting Men into Women’s Bathrooms and Sports

New Biden Admin. Rule Lets Men into Women’s Locker Rooms, Bathrooms and Sports

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