A federal appeals court has upheld a judge's order blocking the Biden administration's new Title IX rule aimed at expanding protections for LGBTQ+ students. The 6th U.S. Circuit Court of Appeals refused to lift the preliminary injunction issued by a federal district judge in Kentucky, which halted the implementation of the rule in six states.
The court's ruling cited concerns that the rule's definition of sex discrimination may exceed the Department of Education's authority. The Education Department has not yet commented on the decision.
The ruling was praised by Kentucky's Attorney General as a victory for common sense, while LGBTQ+ advocacy groups expressed concerns about the impact on transgender students.
The new Title IX rule seeks to extend civil rights protections to LGBTQ+ students, redefine sexual harassment in educational settings, and provide additional safeguards for victims. Civil rights advocates have supported the rule, but opponents argue that it undermines the original intent of Title IX.
Legal challenges to the rule are ongoing in multiple states, with judges temporarily blocking enforcement in 15 states. The 6th Circuit panel has expedited a full hearing of the case for this fall.
In his initial ruling, the district judge in Kentucky criticized the Department of Education for attempting to redefine 'sex' to include 'gender identity,' stating that it conflicted with the plain language of Title IX.
The Biden administration has defended the new regulations, emphasizing that Title IX prohibits sex discrimination in federally funded educational environments.
While the appeals court ruling received a partial dissent from one panel member, all three judges agreed that certain provisions of the rule should not go into effect on August 1.
