Skip to content Skip to footer

Judge Blocks Title IX Protections for Trans Youth and Other Vulnerable Students

The ruling strikes down expanded anti-discrimination protections proposed by Biden’s Department of Education last April.

An activist holds a sign calling for federal protections of transgender rights, in front of the U.S. Supreme Court in Washington, D.C., on April 1, 2023.

In a decision that was partially underpinned by the U.S. Supreme Court’s overturning of a 40-year-old legal precedent last year, a federal judge in Kentucky on Thursday struck down President Joe Biden’s expanded protections for transgender youths and other vulnerable students, saying the administration overstepped in introducing the rules.

Chief Judge Danny C. Reeves of the Eastern District of Kentucky ruled that the Education Department did not have the authority to expand the protections provided by Title IX of the Civil Rights Act, which since 1972 has prohibited sex discrimination at schools that receive federal funding.

The ruling applies to the new definition in Title IX that was proposed by the department last April, which prohibited “discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.”

Right-wing activists and politicians objected in particular to the protections for gender identity.

The rules stopped short of requiring schools to allow transgender students to play on sports teams that correspond with their gender identity — a key fixation of the far right — but required schools and staffers to accept students’ identities on a daily basis, for example by calling them by their preferred pronouns rather than according to their sex assigned at birth.

The rules have been blocked in 26 states as Republican leaders in Tennessee, Kentucky, Ohio, Indiana, and other states have filed legal challenges.

In his ruling, Reeves, who was appointed by former President George W. Bush, wrote that “the entire point of Title IX is to prevent discrimination based on sex.”

“Throwing gender identity into the mix eviscerates the statute and renders it largely meaningless,” he said.

Reeves wrote that “the final rule and its corresponding regulations exceed the department’s authority,” citing Loper Bright Enterprises v. Raimondo, the Supreme Court case in which the court’s right-wing majority overturned the so-called Chevron doctrine. The legal precedent held that judges should defer to federal agencies’ reasonable interpretation of a law if Congress has not specifically addressed the issue at hand.

The judge also rejected the Education Department’s position that protections for transgender people against workplace discrimination — which were established in 2020 in the Supreme Court case Bostock v. Clayton County, Georgia — should also apply in schools that receive federal funding.

At Law Dork, journalist Chris Geidner wrote that Reeves rejected “Bostock’s application to Title IX and [cited] his newfound authority in the wake of the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo to determine ‘the statute’s single, best meaning’ himself.”

“As such, he took that authority to decide what Title IX means, the department’s view notwithstanding, and set aside the rule,” wrote Geidner.

Reeves also wrote that requiring teachers and schools to use students’ preferred pronouns and names “offends the First Amendment” and violates the free speech rights of teachers.

That assertion, said Jennifer Berkshire, author of The Education Wars, “really shows you how fake the rhetoric of ‘parents rights’ is.”

“The idea that using a student’s preferred pronouns is in any way an imposition on teachers is patently absurd,” added Jonathan Cohn of Progressive Massachusetts. “If you can handle using nicknames, you can handle correct pronouns.”

Fatima Goss Graves, president and CEO of the National Women’s Law Center, said the judge turned “longstanding legal precedent on its head in a direct, disproportionate attack on trans students,” and noted that the harm caused by the ruling will extend beyond transgender students.

“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. With these protections already removed in some states, students who experience sexual assault have had their complaints dismissed, or worse, been punished by their schools after reporting; pregnant students have been unfairly penalized for taking time off to give birth to a child; and LGBTQI+ students have faced vicious bullying and harassment just for being who they are.”

Melanie Willingham-Jaggers, executive director of the LGBTQ rights group GLSEN, told The New York Times that the ruling “shows a stunning indifference to marginalized youth facing harassment and discrimination, as well as hardworking school administrators and principals who are working to build safer learning environments for their increasingly diverse student populations.”

We’re not backing down in the face of Trump’s threats.

As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.

Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.

As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.

At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.

Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.

You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.