Judge’s Ruling Halts Biden’s Title IX Changes
Following a series of injunctions, the previously implemented rules faced limitations across various states and institutions, but now they’ve been stopped entirely.
With just over a week remaining in Joe Biden’s presidency, a federal judge has overturned one of his key education initiatives.
On Thursday, U.S. District Judge Danny C. Reeves, the chief judge for Kentucky’s Eastern District, ruled that the Biden administration’s changes to Title IX were unconstitutional. Originally enacted in 1972, Title IX prevents sex discrimination in educational institutions that receive federal funds.
Judge Reeves stated that the federal Education Department’s broad interpretation of what constitutes sex-based misconduct infringes on the First Amendment rights.
This ruling effectively dismantled the significant regulations that had been a focal point of criticism from Republican officials, primarily due to their specific protections for queer and transgender students. It is part of the broader struggles faced by Biden’s education agenda in the final days of his administration.
The Education Department was quick to refrain from commenting on the decision as of Thursday.
The revised regulations, which took years to develop, extended the definition of sex discrimination to include gender identity and reinforced the rights of students reporting sexual harassment and assault. This revision reversed Trump-era policies that critics claimed made it more challenging for victims to present their cases and included protections for pregnant and parenting students.
Implemented only a few months ago in August, these rules were limited in scope due to numerous lawsuits leading to court orders that paused their application across different states, school districts, and colleges. This inconsistent legal landscape left many educational institutions unsure about their compliance with federal regulations.
“The legal situation is very dynamic,” stated Catherine Lhamon, the assistant secretary for civil rights at the Education Department, addressing school leaders when the rules were enacted. “We plan to enforce the 2024 regulations starting today, except where there are legal holds.”
With the judge’s ruling, Lhamon’s guidance has become irrelevant. Meanwhile, conservative figures are celebrating the decision.
“All of America is now safe from Biden’s attempt to undermine half a century of landmark protections for women,” remarked Jason Miyares, Virginia’s Republican attorney general, on X. Critics of the Biden rules argue that broadening civil rights protections beyond biological sex could adversely affect women and girls, whereas proponents claim it offers necessary protections to LGBTQ+ students who often face increased harassment. Virginia was one of the plaintiffs in the lawsuit leading to Thursday’s ruling.
Although the federal government can contest this ruling, Biden’s administration is running out of time as President-elect Donald Trump is set to assume office on January 20.
“This gives the incoming Trump administration a ruling they likely won’t challenge,” stated Neal Hutchens, an education professor at the University of Kentucky.
Shiwali Patel, a former lawyer in the Obama administration’s Office for Civil Rights, described Thursday’s ruling as a “significant setback” for students.
“I hope they will continue to fight back,” she commented on the Biden team’s potential response. “However, the reality is that time is not on their side.”