Biden-Harris Administration Faces Significant Legal Setback on Title IX

The Biden-Harris administration’s attempt to expand Title IX protections for transgender students on the basis of “gender identity” was struck down on Thursday by a federal court in Kentucky.

Fox News reported that the ruling was issued by the U.S. District Court Eastern District of Kentucky Northern Division on Thursday in Cardona v. Tennessee. Thursday’s ruling came after the Biden-harris administration issued a new rule in April that expanded “sex discrimination” to cover discrimination based on sexual orientation, gender identity, and “pregnancy or related conditions.”

According to The Daily Wire, the Biden-Harris administration’s expansion of Title IX would have allowed biological males to compete in women’s sports and would have allowed biological males inside women’s bathrooms and locker rooms.

Fox News reported that the Biden-Harris administration’s Title IX expansion was quickly met with a lawsuit led by over two dozen attorneys general, who warned that the Title IX protections would go against state laws preventing transgender individuals from competing in women’s sports.

In an opinion alongside Thursday’s ruling, the U.S. District Court Eastern District of Kentucky Northern Division wrote, “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. 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.”

The court explained that while Title IX was intended to “level the playing field” between males and females, the law is “rife with exceptions” that allow for males and females to be “separated based on the enduring physical differences between the sexes.”

The court added, “Because the Final Rule and its corresponding regulations exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiff’s motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied.”

Celebrating the court’s decision in a post on X, formerly Twitter, Tennessee Attorney General Jonathan Skrmetti described it as a “massive win” both for the state and for the country.

“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,” Skrmetti said.

In a statement obtained by Fox News, Sen. Bill Cassidy (R-La) criticized the Biden-Harris administration for having “completely lost its way on Title IX.” Cassidy said the administration “betrayed” the original purpose of Title IX by “removing longstanding protections that ensured fairness for women and girls.”

Cassidy added, “With President Trump and a Republican majority in Congress, we will ensure women and girls have every opportunity to succeed on the field and in the classroom.”