U.S. District Judge Danny C. Reeves, Eastern District of Kentucky, Covington Division granted a preliminary injunction blocking the enforcement of the Biden Administration’s new Title IX transgender rule in six additional states. The case in Kentucky is among at least seven backed by more than 20 states against the Title IX rule. The new states where the injunction is now in place are Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.
“A rule that compels speech and engages in such viewpoint discrimination is impermissible,” Judge Reeves wrote.
Addressing the controversy in the Title IX transgender rule which changed the definition of “sex” to include “gender identity” the judge stated in his memorandum and opinion, “There are two sexes; male and female.” He also found that the Department of Education exceeded its authority in creating the new rules in an ‘arbitrary and capricious” way.
“The rule includes a new definition of sexual harassment which may require educators to use pronouns consistent with a student’s purported gender identity rather than their biological sex,” the judge wrote. “Based on the ‘pervasive’ nature of pronoun usage in everyday life, educators likely would be required to use students’ preferred pronouns regardless of whether doing so conflicts with the educator’s religious or moral beliefs. ”
A judge in Texas recently ruled to block the enforcement of the new rule in that state, while a judge in Louisiana halted enforcement in Louisiana, Mississippi, Montana and Idaho.
President Joe Biden had issued the executive order to the Department of Education to amend Title IX in a way that provides protections on the basis of sexual orientation and gender identity. The final statement by the DOE expanded the definition of sex discrimination and sex based harassment.
Judge Reeves said the DOE failed to address concerns regarding student and faculty safety as well as implications for free speech. The ruling would have required that students be allowed to use bathrooms and locker rooms based on their gender identity rather than actual gender.
The new rule was slated to take effect on August 1. The Education Department said the ruling is “under review.”
Jan Greenhawk
