On Monday, the Biden Administration’s attempt to rewrite federal Title IX regulations was temporarily blocked by a federal judge in Kentucky.
As ABC News reports, United States District Judge Danny Reeves described Biden’s new regulations as “arbitrary in the truest sense of the word.”
“At bottom, the department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity,’” Judge Reeves continued. “But ‘sex’ and ‘gender identity’ do not mean the same thing. The department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.”
His ruling granted a preliminary injunction, thus blocking implementation of the new rules in the states of Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia. Another federal judge had similarly blocked the rollout of the new regulations in the states of Idaho, Louisiana, Mississippi, and Montana, thus bringing the total number of states to 10.
The decisions come after attorneys general in over 20 Republican-led states have filed seven different lawsuits against the new policy, which changes Title IX protections from being based strictly on gender to including protections for so-called “transgender” students, including those who want to use facilities that are designated for the opposite gender; the Biden Administration has claimed, however, that the new rules do not apply to sports.
Another preliminary injunction request is currently under review by another judge; if the judge sides with the states, it would further block implementation of the new rules in the states of Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota. Biden’s Education Department (ED) has asked the judge to deny the states’ request.
The new Title IX rules, set to take effect in August, would also have expanded the definition of “sexual harassment” on college campuses in a manner that critics say would be far too harsh against the accused and thus result in unfair burdens of proof placed on the accused, rather than the presumption of innocence.
In a statement celebrating Judge Reeves’ ruling, Kentucky Attorney General Russell Coleman (R-Ky.) declared that “the judge’s order makes clear that the U.S. Department of Education’s attempt to redefine ‘sex’ to include ‘gender identity’ is unlawful and beyond the agency’s regulatory authority.”
In response, the Education Department released a statement vowing to “continue to fight for every student” as it defends the new Title IX rules.
“Title IX guarantees that no person experience sex discrimination in a federally funded educational environment,” said the agency in a statement. “The department crafted the final Title IX regulations following a rigorous process.”
Perhaps the problem is not the monstrous rewrite of Title IX regulations, but the very existence of the agency attempting regulatory sophistry.
In other words, maybe we should be focusing on curing the disease, rather than last minute, stop-gap efforts to address the symptoms.