In a tremendous victory for girls and women’s sports, a federal district court overturned the Department of Education’s redefinition of “sex” in Title IX to include “gender identity.” The ruling strikes down the DOE’s redefinition nationwide.
The United States District Court for the Eastern District of Kentucky, in a case against the DOE brought by six states, ruled:
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 court added:
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 male or female. …
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 Education Amendments Act of 1972 was designed to give girls and women equal opportunities in education and to keep them from being discriminated against.
But changing the definition of sex meant that males who claim to be females could take educational and sports opportunities from girls and women. It also meant those males could violate the privacy and safety of women in locker rooms, showers and restrooms.
The DOE, under Secretary of Education Miguel Cardona, announced the new definition in April 2024, saying:
Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
As the Daily Citizen has previouslyreported, this lead to defiance and a flood of lawsuits from states, organizations and individuals opposed to males invading girls and women’s private spaces and taking opportunities, scholarships and prizes from them.
Tennessee Attorney General Jonathan Skrmetti filed the lawsuit on behalf of Tennessee, Ohio, Indiana, Virginia, and West Virginia, alleging:
The sweeping Title IX mandate would upend schools’ long-lawful practices protecting student privacy, unfairly undermine women’s academic and athletic achievements and related advancement in society, and punish States for following their laws.
Later, Alliance Defending Freedom (ADF) joined Tennessee’s suit, intervening on behalf of Christian Educators Association International and a female track and field athlete from West Virginia, “A.C.”
ADF’s complaint explained that a male athlete was allowed to join her middle school girls track and field team and access the girls locker rooms. He also made “sexual and harassing comments to A.C. while they competed together on the girls sports team.”
ADF CEO, President, and General Counsel Kristen Waggoner celebrated the victory, saying:
This is a colossal win for women and girls across the country. The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights. With this ruling, the federal court in Kentucky rejected the entire Biden rule and the administration’s illegal actions.
Skrmetti likewise applauded the decision in a statement, saying, “This is a huge win for Tennessee, for common sense, and for women and girls across America.”
The case is State of Tennessee v Cardona.
Related articles and resources:
Biden Becomes Nation’s Most Powerful Trans Activist With Executive Order
Court Rules Against DOE’s Title IX Rewrite, Saving Women’s Sports & Spaces – For Now
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
On 50th Anniversary of Title IX, Groups Fight to Protect Women’s Sports
Second Federal Court Halts DOE’s Title IX Rewrite – Protecting Girls’ Sports & Spaces
Third Court Halts DOE’s Title IX Rewrite, Girls’ Sports & Spaces Preserved
Image credit: ADF
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