CNA. “The rule, implemented by President Joe Biden’s administration, reinterprets the Title IX ban on “sex” discrimination to include a ban on “gender identity” discrimination even though the phrase “gender identity” does not appear anywhere in the 1972 law.

Judge Danny C. Reeves of the District Court of the Eastern District of Kentucky ruled that the department “exceeded its statutory authority” in implementing the rule and found that the rule itself violates the United States Constitution because it would “chill speech” related to gender ideology and because it is “vague and overbroad” in how it is written.

The lawsuit against the Biden administration’s Title IX rule change was brought by attorneys general in six states: West Virginia, Kentucky, Tennessee, Indiana, Ohio, and Virginia…

The Biden administration’s Title IX revisions would have ended sex-based protections for biological women in all aspects of education, and this would have marked a retreat from the progress women have made,” he added.

Reeves wrote in his ruling that the Title IX prohibition on sex discrimination is “abundantly clear” that the law refers to discrimination “on the basis of being male or female.” He wrote that “there is nothing in the text or statutory design of Title IX to suggest that discrimination ‘on the basis of sex’ means anything other than it has since Title IX’s inception.”

“The entire point of Title IX is to prevent discrimination based on sex — throwing gender identity into the mix eviscerates the statute and renders it largely meaningless,” the court order read.

… More

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