Article Summary –
A federal judge has invalidated President Biden’s Title IX protections for LGBTQ+ students, ruling that the administration exceeded its constitutional authority, as the country anticipates potential rollbacks of LGBTQ+ rights under the incoming Trump administration. The Biden administration’s rules, which clarified that Title IX protections against sex discrimination extend to sexual orientation and gender identity, had already been temporarily blocked in several states, and experts anticipate Trump will dismantle these protections. Despite the ruling and potential future actions by the Trump administration, LGBTQ+ students are encouraged to continue seeking protection under Title IX, as the material rights they hold remain unchanged.
A federal judge has invalidated President Joe Biden’s Title IX protections for LGBTQ+ students nationwide as the U.S. readies for a Trump administration, which has indicated opposition to LGBTQ+ rights.
On Jan. 9, Judge Danny Reeves, chief judge of the U.S. District Court for the Eastern District of Kentucky, determined that the Biden administration’s implementation of these rules overstepped the president’s constitutional limits. Read the decision here.
The administration established new regulations in April 2024, specifying that Title IX’s sex discrimination protections also cover sexual orientation, gender identity, and sex characteristics. These went into effect in August.
Biden’s rules had been halted in 26 states following multiple lawsuits. Reeves issued a temporary injunction in June in a lawsuit involving Indiana, Kentucky, Ohio, Tennessee, Virginia, and West Virginia.
“The court’s decision is another rejection of the Biden administration’s effort to enforce a radical gender ideology through unconstitutional rulemaking,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “With the Biden rule vacated, President Trump will have the opportunity to revise Title IX regulations upon taking office.”
Experts had anticipated Trump would terminate Biden’s Title IX rule after taking office on Jan. 20 as part of expected efforts to reduce LGBTQ+ rights.
Before the ruling, Title IX was often interpreted as protective of LGBTQ+ students, explained Brian Dittmeier, policy director at GLSEN, an LGBTQ+ education advocacy group.
“LGBTQ students have been acknowledged as protected under Title IX for years, but this is the first explicit inclusion of sexual orientation and gender identity,” he said.
Despite the ruling, Dittmeier emphasized that LGBTQ+ students should continue to seek protection under Title IX.
The Title IX ruling is not the sole legal decision affecting LGBTQ+ students in a future Trump administration.
Trump has vowed to dismantle the federal Department of Education, threatening many student groups. The department is crucial for enforcing federal civil rights in education through its Office for Civil Rights.
“The dismantling of the Department of Education could be disastrous for marginalized Pennsylvania students, risking federal enforcement of anti-discrimination laws and educational program funding,” Maura McInerney, legal director at the Education Law Center in Pennsylvania, told the American Independent.
Dittmeier stressed the importance for LGBTQ+ students impacted by the Title IX decision and potential Trump actions to continue using available resources.
He noted, “The incoming president may try to intimidate LGBTQ youth and families, but it doesn’t alter their material rights.”
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