A Kentucky federal judge has halted the Biden administration's nationwide effort to broaden the definition of sex under Title IX to encompass "gender identity." This decision, issued Thursday by the U.S. District Court for the Eastern District of Kentucky, Northern Division in the case of Cardona v. Tennessee, effectively invalidates the administration's attempt to redefine sex.
Tennessee Attorney General Jonathan Skrmetti celebrated the ruling on X, stating, "This is a significant victory for Tennessee and the nation! The court's decision protects girls' privacy in sensitive spaces like locker rooms and upholds the right to use biologically accurate pronouns." Senator Bill Cassidy (R-LA) also applauded the decision, criticizing the Biden administration for straying from the original purpose of Title IX and undermining protections for women and girls. He expressed confidence that under a future Republican administration and Congress, these protections would be restored.
This ruling follows the Supreme Court's earlier rejection of the Biden administration's request to implement parts of a new rule extending Title IX protections to transgender students. Issued in April and effective August 1st, the now-blocked rule explicitly included gender identity, sexual orientation, and pregnancy-related conditions under the umbrella of sex discrimination. This change prompted lawsuits from over two dozen state attorneys general who argued it clashed with state laws restricting transgender athletes' participation in women's sports.
The court's opinion emphasized that Title IX, in its original context, clearly defines sex discrimination as discrimination based on being male or female. Expanding this definition to include gender identity, the court argued, fundamentally alters the law's intent. While Title IX aimed to create equal opportunities for men and women, it also contains provisions allowing for sex-based separation due to inherent biological differences.
Kristen Waggoner, president and CEO of Alliance Defending Freedom, hailed the decision as a "monumental victory for women and girls" nationwide, stating that the Biden administration's redefinition of sex jeopardized fairness, safety, privacy, free speech, and parental rights. She expressed gratitude for the state attorneys general who challenged the rule. This ruling offers significant relief for students, particularly those who have experienced harassment from male students in locker rooms and sports teams. Waggoner suggested the Supreme Court could further strengthen these protections by upholding cases challenging state laws that protect women's sports.
This legal development coincides with Senator Tommy Tuberville's (R-AL) efforts to advance the Protection of Women and Girls in Sports Act in the Senate, with a procedural vote scheduled soon.
