Federal judge strikes down Biden admin's Title IX rewrite
A federal judge in Kentucky blocked the Biden administration’s attempt to redefine sex in Title IX as "gender identity," striking down the change nationwide.
The U.S. District Court Eastern District of Kentucky Northern Division made the ruling in Cardona v. Tennessee on Thursday.
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"Another massive win for TN and the country!" Tennessee Attorney General Jonathan Skrmetti said in a post on X. "This morning, a federal court ruled in our favor and vacated the Biden admin's radical new Title IX rule nationwide.
"The court's order is resounding victory for the protection of girls' privacy in locker rooms and showers, and for the freedom to speak biologically-accurate pronouns."
The ruling came months after the Supreme Court rejected the Biden administration’s emergency request to enforce portions of a new rule that would have included protections from discrimination for transgender students under Title IX.
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The sweeping rule was issued in April and clarified that Title IX’s ban on "sex" discrimination in schools covers discrimination based on gender identity, sexual orientation and "pregnancy or related conditions."
The rule took effect Aug. 1, and, for the first time, the law stated that discrimination based on sex includes conduct related to a person’s gender identity.
It led to more than two dozen attorneys general suing over the rule, arguing it would conflict with some of their state laws that block transgender students from participating in women’s sports.
"When Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being a male or female," the court’s opinion read. "As this Court and others have explained, expanding the meaning of ‘on the basis of sex’ to include ‘gender identity’ turns Title IX on its head.
"While Title IX sought to level the playing field between men and women, it is rife with exceptions that allow males and females to be separated based on the enduring physical differences between the sexes."
The decision came as Sen. Tommy Tuberville, R-Ala., is set to push the Protection of Women and Girls in Sports Act to the Senate Floor.
A procedural vote on it will happen on Friday.
Fox News' Chad Pergram contributed to this report.
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