FRANKFORT, Ky. — A federal judge on Monday temporarily blocked the Biden administration’s new Title IX rule expanding protections for LGBTQ+ students in six additional states, dealing another setback for a policy that has been under legal attack by Republican attorneys general.
U.S. District Judge Danny C. Reeves referred to the regulation as “arbitrary in the truest sense of the word” in granting a preliminary injunction blocking it in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia. His ruling comes days after a different federal judge temporarily blocked the new rule from taking effect in Idaho, Louisiana, Mississippi and Montana.
The ruling Monday in Kentucky was applauded by the state’s GOP attorney general, Russell Coleman, who said the regulation would undermine equal opportunities for women.
“The judge’s order makes clear that the U.S. Department of Education’s attempt to redefine ‘sex’ to include ‘gender identity’ is unlawful and beyond the agency’s regulatory authority,” Coleman said in a statement.
The two cases are among at least seven backed by more than 20 Republican-led states fighting President Joe Biden’s rule. Set to take hold in August, the policy expands Title IX civil rights protections to LGBTQ+ students, expands the definition of sexual harassment at schools and colleges, and adds safeguards for victims.
In another lawsuit, the Education Department on Friday asked a federal judge in Missouri to deny a request for a preliminary injunction against the new rule. The lawsuit was filed last month by the Republican attorneys general from Arkansas, Iowa, Missouri, Nebraska, North Dakota and South Dakota.
The department said enjoining the rule “would substantially harm the federal government’s interest in preventing discrimination in federally funded educational programs and activities.”
___
Associated Press writer Andrew DeMillo in Little Rock, Arkansas, contributed to this report.
A federal judge has recently blocked President Joe Biden’s Title IX rule in six more states, adding to the growing list of states where the controversial policy has been put on hold. The ruling comes as a blow to the Biden administration’s efforts to overhaul the way colleges and universities handle sexual misconduct cases on campus.
Title IX is a federal law that prohibits sex discrimination in education programs or activities that receive federal funding. It has been a key tool in addressing sexual harassment and assault on college campuses for decades. However, the Trump administration rolled back Obama-era guidelines on how schools should handle these cases, prompting Biden to issue new rules earlier this year.
The Biden administration’s Title IX rule aimed to strengthen protections for survivors of sexual misconduct and ensure that schools take these cases seriously. Among other things, the rule required schools to investigate all reports of sexual harassment, provide supportive measures to survivors, and hold live hearings with cross-examination in certain cases.
However, several states have challenged the new rule in court, arguing that it goes too far and infringes on the rights of the accused. In response, federal judges have issued injunctions blocking the policy in Alabama, Georgia, Indiana, Kansas, Kentucky, and Tennessee.
Critics of the Biden administration’s Title IX rule argue that it undermines due process rights for students accused of sexual misconduct and creates a biased system that favors survivors. They also claim that the rule imposes unnecessary burdens on schools and could lead to an increase in false accusations.
Supporters of the rule, on the other hand, argue that it is necessary to address the pervasive problem of sexual harassment and assault on college campuses. They believe that the new guidelines provide important protections for survivors and help hold schools accountable for their handling of these cases.
The legal battle over the Biden administration’s Title IX rule is likely far from over, as more states are expected to challenge the policy in court. In the meantime, colleges and universities across the country are left in limbo, unsure of how to proceed with their handling of sexual misconduct cases.
As the debate over Title IX continues to unfold, it is clear that finding a balance between protecting survivors and ensuring due process for the accused is a complex and challenging task. Ultimately, it will be up to lawmakers, courts, and higher education institutions to navigate these issues and determine the best path forward for addressing sexual misconduct on college campuses.
