Republican state universities remain silent on judges blocking Biden's Title IX review

Rulings Block Addition of Gender Identity to Title IX

As President Biden’s Department of Education appeals a ruling blocking its pro-transgender rewrite of Title IX, universities affected by the decision remain silent.

The solution for colleges The agency reached out three times to nine universities in the 10 states affected by the blockades. Campus media relations offices and the institutions’ Title IX offices did not respond to requests for comment.

Only the University of Kentucky responded, saying it would follow the decision.

“We are aware of the court order and will certainly comply with it,” said Jay Blanton, the University of Kentucky’s communications director. The solution for colleges by email. “Given that these matters have been the subject of litigation, we respectfully decline any further comment at this time.”

The affected universities are in states that are predominantly Republican-led: Louisiana, Mississippi, Montana, Idaho, Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.

Biden’s Title IX overhaul, the “Final Rule,” which goes into effect Aug. 1, would add gender identity to federal law. The change would allow men who identify as women to enter women’s locker rooms and restrooms and require others to address them by their preferred pronouns.

In June, two federal judges ruled against that interpretation: Judge Terry Doughty of Louisiana and Judge Danny Reeves of Kentucky.

“The final rule redefines ‘sex discrimination’ to include gender identity, sexual orientation, sex stereotypes, and sex characteristics,” Doughty wrote.

According to Doughty, Biden’s rewrite “preempts conflicting state laws; requires that students be allowed to access restrooms and locker rooms based on their gender identity; prohibits schools from requiring medical or other documentation to validate a student’s gender identity; requires schools to use the pronouns the student needs; and imposes additional requirements that will result in substantial costs to the school.”

Judge Reeves wrote: “There are two sexes: male and female.”

“Biden’s new rule violates the plain text of Title IX by redefining ‘sex’ to include gender identity, violates the First Amendment rights of government employees, and is the result of arbitrary and capricious regulation,” Reeves said.

Seeking feedback on decisions, The solution We contacted Louisiana State University, University of Louisiana at Lafayette, University of Mississippi, Montana State University, University of Boise, University of Idaho, University of Louisville, University of Tennessee at Knoxville, Ohio State University, University of Cincinnati, Indiana University, Purdue University, Liberty University, George Mason University, and West Virginia University and received no comment.

Diving into higher education reported that “Louisiana’s complaint argued that the department exceeded its authority in finalizing the regulations and that they violate Title IX itself by undermining protections for women.”

The department said it was reviewing the decision before appealing and was “standing by” the final rule, which conservative states have challenged. Diving into higher education reported.

In response to Judge Doughty’s decision, the U.S. Department of Education filed an appeal.

“Notice is hereby given that the United States Department of Education defendants… appeal to the United States Court of Appeals for the Fifth Circuit from the Court’s June 13, 2024 decision and judgment granting the plaintiffs’ motions for preliminary injunction,” the Department of Education members wrote in their notice of appeal.

The solution The offices of Judge Reeves and Judge Doughty were called. Judge Reeves’ office declined to comment, while Judge Doughty was absent.

At the heart of higher education It was reported that “in total, 26 state attorneys general, all Republicans, are challenging the (new Title IX) regulations.”

A Supreme Court ruling last week on “Chevron deference,” which restores federal administrative powers over how to interpret laws, should also help states exercise more authority to fight the department’s interpretation of Title IX.

MORE: Federal judge temporarily blocks Biden Education Department policy adding gender identity to Title IX

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