Daniel Wiessner
(Reuters) – A federal judge in Kentucky on Thursday struck down a Biden administration rule barring discrimination against transgender students by schools and colleges, saying it ran afoul of a federal law banning gender bias in education.
U.S. District Judge Danny Reeves in Lexington agreed with six Republican-led states that while the law, Title IX of the Education Amendments of 1972, allows for gender-based bathrooms, dormitories and other facilities, the U.S. Department of Education’s rule inappropriately prohibits any differences in based on sex.
Title IX prohibits discrimination “on the basis of sex” in federally funded educational programs.
“Expanding the meaning of ‘sex-based’ to include ‘gender identity’ turns Title IX on its head,” wrote Reeves, an appointee of Republican former President George W. Bush.
Critics of the rule said it would require schools to allow transgender students who were born male to use women’s restrooms and locker rooms at schools.
Reeves also said the rule would violate teachers’ First Amendment rights to free speech and religious freedom by requiring them to use pronouns consistent with a student’s gender identity rather than their biological sex.
The Department of Education and the U.S. Department of Justice did not immediately respond to requests for comment.
In June, a judge temporarily blocked enforcement of the rule against the states, led by Tennessee.
Several other judges temporarily blocked the rule in 20 other states, and the US Supreme Court in August refused to let parts of the rule take effect in 10 states pending appeals.
Thursday’s decision is the first to permanently repeal the rule, and it is expected to be repealed by the administration of Republican President-elect Donald Trump.
Legal protection for transgender people was a major issue during the US presidential campaign last year.
Tennessee Attorney General Jonathan Skrmetti, a Republican, called Thursday’s decision “a major victory … for women and girls across America” in a statement.
“The court’s ruling is yet another rejection of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking,” Skrmetti said.
