The U.S. District Court for the Eastern District of Kentucky on Thursday, rolled back the federal Department of Education’s new rules expanding the list of those protected from sex discrimination in public education to include gay and transgender people.
President Joe Biden’s administration issued the final rule on April 29, 2024, “clarifying” sexual orientation and gender identity are protected under Title IX of the Education Amendments of 1972, which bars sex-based discrimination at federally-funded schools.
The administration’s entire 1,500-page regulation was scrapped, including a new requirement that schools address Title IX complaints even if the reported harassment occurred off campus, as well as protections for pregnant and parenting students.
Chief Judge Danny C. Reeves found the rules “exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action …” according to the opinion.
Virginia Attorney General Jason Miyares and five other state attorneys general filed a joint lawsuit in May against the Department of Education.
Miyares issued this statement in a press release Thursday:
“I’m proud to have successfully defended Title IX from the federal government’s power grab that threatened to upend half a century of landmark protections for women and punish States for following their own laws,” Miyares said.
The press release added the rules “removed biological distinctions in educational settings” and “compelled states to adopt radical gender ideology.”
Advocates praised the expanded protections and disagreed with the court’s decision to scrap them.
Fatima Goss Graves, president and CEO of the National Women’s Law Center, issued a statement Thursday opposing the court’s ruling.
“Today’s decision displays extraordinary disregard for students who are most vulnerable to discrimination and are in the most need for federal protections under the Title IX rule,” said Goss Graves. “The Biden administration’s Title IX rule is essential to ensure that all students—including survivors of sexual assault and harassment, pregnant and parenting students, and LGBTQI+ students—are able to learn in a safe and welcoming environment.”
The court previously granted a temporary restraining order blocking the rules from taking effect through Aug. 1. The U.S. Supreme Court left the rules blocked in over half the states.
Graves said some students have already had their complaints dismissed or been punished by schools after reporting.
“We are in the beginning of the fight to protect the rights of all students, especially LGBTQI+ students, as we transition into a new administration,” Goss Graves said. “This court ruling turns long standing legal precedent on its head in a direct, disproportionate attack on trans students that continues to impact their education and livelihood. For those that are harmed by this ruling, we are continuing to fight for you and your freedoms.”