In a huge win for women and women’s rights, a federal court has just ruled AGAINST the Biden administration’s attempt to rewrite Title IX.

For those who remember, the Biden administration announced a rule change to Title IX, back in April 2023, that would allow for transgender girls (biological males, in other words) to compete in girls’ sports. At the time, the administration claimed that this would make things “fair” for LGBTQ+ students. The final draft of the regulations, released a year later in April 2024, tried to twist Title IX into being used to protect against “sex discrimination” while also allowing for “gender identity” to be used as a basis for those same protections. The summary fact sheet from the Department of Education dressed it up this way:

– Provide full protection from sex-based harassment.

The final regulations strengthen vital protections from all forms of sex-based harassment, including sexual violence and unwelcome sex-based conduct that creates a hostile environment
by limiting or denying a person’s ability to participate in or benefit from a school’s education program or activity.

– Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities—and to prevent its recurrence and remedy its effects.

The final regulations promote accountability and fulfill Title IX’s nondiscrimination mandate by requiring schools to act promptly and effectively in response to information about conduct that reasonably may constitute sex discrimination, including sexual violence and other forms of sexbased harassment. These regulations also require that schools train employees about the school’s obligation to address sex discrimination, as well as employees’ obligations to notify or provide contact information for the Title IX Coordinator.

– Require schools to provide supportive measures to complainants and respondents affected by conduct that may constitute sex discrimination, including sexual violence and other forms of sex-based harassment.

Under the final regulations, schools are required to offer supportive measures, as appropriate, to restore or preserve a party’s access to the school’s education program or activity or provide support during a school’s grievance procedures or the informal resolution process. Supportive measures cannot be unreasonably burdensome to a party and cannot be imposed for punitive or disciplinary reasons.

Which sounds great, until we get here:

– Prohibit discrimination against LGBTQI+ students, employees, and others.

The rule prohibits discrimination and harassment based on sexual orientation, gender identity, and sex characteristics in federally funded education programs, applying the reasoning of the Supreme Court’s ruling in Bostock v. Clayton County.

– Protect people from harm when they are separated or treated differently based on sex in school.

The final regulations clarify that a school must not separate or treat people differently based on sex in a manner that subjects them to more than de minimis harm, except in limited circumstances permitted by Title IX. The final regulations further recognize that preventing someone from participating in school (including in sex-separate activities) consistent with their gender identity causes that person more than de minimis harm. This general nondiscrimination principle applies except in the limited circumstances specified by statute, such as in the context of sex-separate living facilities and sex-separate athletic teams.

The Biden administration’s Department of Education is very clearly trying to extend Title IX to anyone who believes themselves to be a female student, and the new rule specifically stated that schools MUST treat students in a manner “consistent with their gender identity” because it would cause “harm” if they did not. Obviously, this rule would have the net effect of gutting women’s sports anywhere the Department of Education’s tentacles have spread – public school districts, state competitions, colleges and universities.

Back in August, the Supreme Court acknowleged that the states that were suing the Biden administration to block the implementation of the new Title IX rules were likely to prevail, and allowed a stay in those states while the case played out in the lower courts.

As Sotomayor dissent in TIX regs' ruling stresses, *all nine* Justices agree that states were enttled to at least some form of stay in regs. Extraordinary rebuke of Biden and Lhamon in this respect. pic.twitter.com/wZVtfLi3kM

— KC Johnson (@kcjohnson9) August 16, 2024

Today, with eleven days left in the Biden administration, a federal court has ruled that the Title IX rewrite should be vacated nationwide.

Another massive win for TN and the country!

This morning, a federal court ruled in our favor and vacated the Biden admin's radical new Title IX rule nationwide.

The court's order is resounding victory for the protection of girls' privacy in locker rooms and showers, and for the… pic.twitter.com/XsnzSEQvAU

— TN Attorney General (@AGTennessee) January 9, 2025

The statement from the court reads:

As discussed in prior opinions of this Court, this case concerns the United States Department of Education’s attempt to bypass the legislative process and completely transform Title IX of the Education Amendments of 1972 through sweeping new regulations. On June 17, 2024, this Court granted the plantiff-States and Intervenor plantiffs’ motions for a preliminary injunction and stay, which prevented the challenged Final Rule from going into effect with respect to the plaintiffs as planned on August 1, 2024, Now, the Court considers the plaintiffs’ and the Department’s competing motions for summary judgment.

Because the Final Rules and its corresponding regulations exceed the Department’s authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiffs’ motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied.

That is a full right hook delivered directly to the chin of the Biden administration and its Department of Education.

The attorney generals of Virginia, Indiana, and West Virginia, along with women’s sports advocates like Riley Gaines and others, also rejoiced on X.

HALLELUJAH!!!!! https://t.co/jMmGUBX6ux

— Megyn Kelly (@megynkelly) January 9, 2025

Theoretically, the Biden administration could appeal this ruling. However, we are on a countdown (11 more days!), and even though Secretary Cardona could file an appeal, he won’t be around much longer. And there is zero chance that Trump Education Secretary pick Linda McMahon would continue an appeal, or try to move forward with the implementation of these rewritten rules.

The net result is that this attempt to overwrite Title IX in favor of “gender identity” is done – for now. And unless the transgender fad goes the way of the lobotomy, someone in the future will try this again. So while today can be celebrated as a win, and a big one, it’s still just a single victory in a much larger battle. And this battle is going to continue for some time to come, which means that those of us fighting for sanity and the safety of women cannot let up.

Featured image via succo on Pixabay, cropped, Pixabay license