U.S. appeals court agrees to block central part of new Title IX gender rules for schools

A federal appellate court has upheld blocking central parts of new Title IX rules from the Biden administration and granted an expedited hearing in October. 

A three-judge panel of the 6th U.S. Circuit Court of Appeals agreed Wednesday to block the rules from taking effect Aug. 1, shortly before most schools begin their academic year. The rules, created by the U.S. Department of Education, were aimed at protecting students from discrimination based on gender identity and sexual orientation. 

Chief Judge Jeffrey Sutton wrote in the majority opinion that all judges on the panel agreed the central parts of the rules should not take effect on Aug. 1. 

“It is hard to see how all of the schools covered by Title IX could comply with this wide swath of new obligations if the Rule’s definition of sex discrimination remains enjoined,” Sutton said. “Harder still, we question how the schools could properly train their teachers on compliance in this unusual setting with so little time before the start of the new school year.” 

Judge Andre Mathis wrote in a dissenting opinion that he would grant a partial stay, as requested by the Department of Education. 

“I am cognizant of Plaintiffs’ argument that the benefits of enacting the Rule’s unchallenged provisions are outweighed by the expense or confusion of phased implementation,” Mathis wrote. “But most of the expense is attributable to provisions that Plaintiffs neither directly challenge nor cite as a source of harm.” 

The lawsuit was filed by Republican attorneys general in six states — Kentucky, Virginia, Indiana, Ohio, Tennessee and West Virginia. 

Kentucky Attorney General Russell Coleman said in a statement that Title IX, which was established more than 50 years ago, “created equal opportunities for women and young girls in the classroom and on the field.” The Sixth Circuit ruling, he added, made it the first appellate court “to stop President Biden’s blatant assault on these fundamental protections.” 

“This ruling is a victory for common sense itself, and it’s a major relief for Kentucky families,” Coleman said. “As Attorney General and as a Dad, we’ll keep up the fight for my girls and for women across Kentucky so they can continue to fulfill their potential for the next 50 years and beyond.”

In June, Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky sided with Coleman and the other five GOP attorneys general. The judge said the Department of Education “seeks to derail deeply rooted law” with its proposed Title IX rules. 

“At bottom, the Department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity.’ But ‘sex’ and ‘gender identity’ do not mean the same thing,” Reeves wrote. “The Department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.” 

Established in 1972, Title IX was created to prevent “discrimination based on sex in education programs or activities that receive federal financial assistance,” according to the Department of Education.

Coleman’s office said in a press release that K-12 schools that failed to comply with the new Title IX rules would have risked losing federal funding. Kentucky’s public and private schools received a total of $1.1 billion in federal funding last year.

The Biden administration introduced the rules to “build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights,” U.S. Secretary of Education Miguel Cardona previously said in a statement. The rules also would have rolled back Trump administration changes that narrowly defined sexual harassment and directed schools to conduct live hearings, allowing those who were accused of sexual harassment or assault to cross-examine their accusers.

The Lantern has sought comment from the U.S. Department of Education on the latest ruling.

This story was originally published by the Kentucky Lantern