Republicans attempt to block Biden’s Title IX changes through Congress and the legal system

The Biden administration’s attempts to the change the definition of sex discrimination in Title IX is facing pushback in court and Congress.

A federal judge in Kentucky on Monday blocked changes to Title IX that would redefine sex discrimination to include gender identity and sexual orientation. The injunction extends to Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia, according to The New York Times. A separate lawsuit earlier put the law on hold in Louisiana, Mississippi, Montana and Idaho.

A Kansas judge blocked the law in four states, including Utah, and extended the ban to include any school attended by the child of a member of one of three groups — Young America’s Foundation, Female Athletes United and Moms for Liberty — which had joined the lawsuit, according to Inside Higher Ed.

Established in 1972, Title IX was created to prevent “discrimination based on sex in education programs or activities that receive federal financial assistance,” according to the Department of Education.

Why did Kentucky judge block changes to Title IX?

Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky, in his opinion wrote, “The Department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity.’ But ‘sex’ and ‘gender identity’ do not mean the same thing.”

“The Department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute,” he added.

The Education Department told The Associated Press it would “continue to fight for every student” while it reviews the ruling.

“Title IX guarantees that no person experience sex discrimination in a federally funded educational environment,” the agency said in a statement. “The department crafted the final Title IX regulations following a rigorous process.”

Congressional response to Title IX rule

The same day, House Republicans voted to block the Biden administration’s changes to Title IX, including a new regulation that would allow biological men to enter women’s private spaces, like bathrooms and locker rooms.

Rep. Burgess Owens, R-Utah, chairman of the House Subcommittee on Higher Education, voted to block the change.

“House Republicans will not let ideological extremism erase decades of progress or endanger the future of women’s sports,” Owens said.

“When Title IX became law in 1972, it was a watershed moment for women and girls in America, with a goal to ensure they could compete fairly and excel on the field, free from discrimination,” he said.

The law was created to prevent “discrimination based on sex in education programs or activities that receive federal financial assistance,” according to the Department of Education.

But Owens argued with the proposed changes, “The Biden administration is denying biological reality, stripping away Title IX protections, safety, and fairness in the name of ‘equity.’”

The “House Republicans took a stand to nullify this nonsense and uphold fairness and equal opportunity for our daughters to train, compete, and win,” he added.

1st District Rep. Blake Moore, 2nd District Rep. Celeste Maloy, and 3rd District Rep. John Curtis also voted against the rule.

The Senate is unlikely to pass a similar resolution, and Biden has said he would veto the resolution if it did reach his desk, according to The Hill.