Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
Federal judge strikes down Biden administration's Title IX rule on LGBTQ discrimination (2025)
| Federalism |
|---|
|
| •Key terms • Court cases •Major arguments • State responses to federal mandates • Federalism by the numbers • Index of articles about federalism |
A federal judge nullified the Biden administration's Title IX rule expanding the definition of sex-based discrimination to include gender identity and sexual orientation on January 9. U.S. District Judge Danny Reeves of the Eastern District of Kentucky ruled that the regulations exceeded statutory authority, violated the Constitution, and were arbitrary and capricious.[1]
"Discrimination on the basis of sex means discrimination based on being male or female," Reeves wrote, rejecting the administration's interpretation of Title IX. "Expanding the meaning of 'on the basis of sex' to include 'gender identity' turns Title IX on its head."[1]
In Tennessee v. Cardona, six Republican-led states, led by Kentucky and Tennessee, challenged the U.S. Department of Education's (ED) final rule.[2] The lawsuit was part of a broader legal campaign, against this rule. In total, 26 Republican-controlled states filed seven lawsuits against the rule between April and May 2024.[3]
The U.S. Supreme Court temporarily blocked enforcement of the rule on August 6, 2024, two days after it took effect, while the appeals process finished. [4]
Background
Title IX of the Education Amendments, enacted in 1972 under President Richard Nixon (R), prohibits sex-based discrimination in federally funded education programs Initially focused on protecting females from discriminatory practices, the law led to restrictions on single-sex classes and activities to ensure equal opportunities in education.
Thirty years after Title IX's passage, ED issued a final rule recognizing that single-sex education services could be acceptable under certain circumstances. On March 9, 2004, ED proposed regulations to allow single-sex schools and classes, provided they complied with federal law.[5]
On November 29, 2018, ED proposed new regulations to establish provisions for handling of sexual harassment allegations in federally assisted education programs.[6]
On his first day in office, President Joe Biden (D) issued Executive Order 13988, directing federal agencies to prohibit discrimination based on gender identity or sexual orientation. Then Biden signed Executive Order 14021 on March 8, 2021, reaffirming the administration's commitment to ensuring an educational environment free from discrimination based on sex, including sexual orientation and gender identity.[7][8]
The ED issued the proposed rule, later overturned in this case, and opened the comment period on July 12, 2022. After reviewing the feedback, ED issued the final rule on April 29, 2024, which took effect on August 1, 2024.[9]
See also
- Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance rule (2024)
- Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance rule (2020)
- Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance rule (2006)
External links
Footnotes
- ↑ 1.0 1.1 TN.gov, "Memorandum opinion and order, State of Tennessee et al v. Cardona et al," January 9, 2025
- ↑ Court Listener, “State of Tennessee et al v. Cardona et al.,” June 17, 2024
- ↑ Edweek.org, "Which States Have Sued to Stop Biden’s Title IX Rule?" July 08, 2024
- ↑ Supreme Court.gov, '"DOE v. Cardona," August 16, 2024
- ↑ United States Courts, "The 14th Amendment and the Evolution of Title IX," accessed March 10, 2023
- ↑ Federal Register, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," May 19, 2020
- ↑ White House.gov, "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation," January 20, 2021
- ↑ [https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/08/executive-order-on-guaranteeing-an-educational-environment-free-from-discrimination-on-the-basis-of-sex-including-sexual-orientation-or-gender-identity/ White House.gov, "Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity," March 8, 2021
- ↑ Federal Register, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," May 14, 2021
| ||||||||||||||||||||
