Federal judge reverses Biden's Title IX protections for LGBTQ+ students

The scrapped Title IX regulations introduced by the Biden administration increased protections for trans and non-binary students.

Photo of Joe Biden, whose administration expanded Title IX to increase protections for LGBTQ+ students, speaking into a microphone with a US flag visible in the background.
Image: Via Shutterstock - https://www.shutterstock.com/it/image-photo/washington-dc-usa-february-13-2024-2433579867

A federal judge has overturned the Biden administration’s Title IX regulation, which extended protections against discrimination for LGBTQ+ students. The ruling struck down the regulation nationwide after they had already been blocked in several states following a wave of legal challenges by Republican administrations.

Title IX is a 1972 law that prohibits discrimination based on sex in education. In April 2024, under the Biden administration, the United States Department of Education updated Title IX to increase protections for LGBTQ+ students in public schools, especially trans and non-binary pupils.

The new regulation clarified that Title IX included protections for individuals who are the target of discrimination based on “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

In a ruling delivered on Thursday, January 9, US federal judge Danny C. Reeves overturned the 1,500-page regulation, deeming it “fatally” tainted by legal shortcomings. The judge found that the Department of Education had overstepped its authority by expanding the scope of Title IX.

“There’s nothing in the 1972 law suggesting that it should cover any more than it has since Congress created it,” Reeves wrote, describing the expansion as an “attempt to bypass the legislative process and completely transform Title IX.”

The judge also ruled that the regulations violated free speech by mandating teachers to respect their students’ pronouns. “The First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner,” Reeves stated.

The ruling came as a consequence of a lawsuit filed by Tennessee, Kentucky, Indiana, Ohio, Virginia and West Virginia. Tennessee Attorney General Jonathan Skrmetti called the decision a rejection of the Biden administration’s “relentless push to impose a radical gender ideology”.

“Because the Biden rule is vacated altogether, President Trump will be free to take a fresh look at our Title IX regulations when he returns to office,” Skrmetti said.

The Title IX expansion introduced by the Biden administration had already been blocked in 26 states after several lawsuits were filed to stop its enforcement. President-elect Donald Trump has promised to repeal the regulations completely upon taking office in the coming days.

Civil rights groups and LGBTQ+ organisations are condemning the judge’s decision, calling it a step backwards. In a statement, LGBTQ+ advocacy group GLAAD said: “All students deserve to be themselves and be safe in school. Transgender and nonbinary students are among the most bullied and harassed.

“Protections for the most vulnerable students make the entire school safer and stronger for everyone.”

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