Title IX ruling is outdated – and intolerant. Judge abused his power for personal beliefs.

Ray Marcano
·3 min read
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Ray Marcano, a longtime journalist, is the former national president of the Society of Professional Journalists, a two-time Pulitzer juror, and a Fulbright fellow. He is a frequent Columbus Dispatch contributor.

Judges are people, too, with feelings and beliefs that influence their values.

However, when they use that belief system to inform legal decisions, it compromises judicial integrity.

Danny Reeves, chief judge in the U.S. District Court for the Eastern District of Kentucky, took a match to fairness and burned it down with his June 17 ruling that blocks changes to the federal law banning sex discrimination in schools.

What does Title IX ruling mean for Ohio? Judge blocks Title IX rules protecting LGBTQ+ students in Ohio, Kentucky, 4 other states

No current protections for LGBTQ+ in Title IX

Oct 12, 2022; Columbus, Ohio, USA; Gwendolyn DeRosa of Victorian Village and LGBTQ+ allies protest outside the Ohio Department of Education building as the board hears public testimony on a resolution that opposes proposed changes to Title IX, the federal law that prohibited discrimination in schools on the basis of sex. Introduced by board member Brendan Shea, the resolution lays out an "unequivocal opposition" to the Biden Administration's proposal to expand Title IX's protections to gender identity and sexual orientation. Mandatory Credit: Adam Cairns-The Columbus Dispatch

Reeves ruled the Biden Administration can’t expand Title IX protections to include LGBTQ+ people. His 93-page ruling covers Ohio, Kentucky, Tennessee, Indiana, Virginia and West Virginia. This lawsuit is part of a coordinated effort by conservatives and Christian groups to stop the Title IX change, scheduled to take effect in August.

Reeves noted several legitimate issues in his decision. He did say the proposed change was “arbitrary” and that the federal government was looking to derail a “deeply rooted law” that was enacted in 1972.

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He wrote that expanding protections “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.”

Ok, those are reasonable points. But you knew where this ruling was headed when, in its first line, he wrote:

“There are two sexes: male and female,” which he later called, “fundamental biological truths between the two sexes.”

But what he really means is, “those born male and female.”

Judge's ruling outdated and intolerant

Oct 12, 2022; Columbus, Ohio, USA; Gwen Jones and LGBTQ+ allies protest outside the Ohio Department of Education building as the board hears public testimony on a resolution that opposes proposed changes to Title IX, the federal law that prohibited discrimination in schools on the basis of sex. Introduced by board member Brendan Shea, the resolution lays out an "unequivocal opposition" to the Biden Administration's proposal to expand Title IX's protections to gender identity and sexual orientation. Mandatory Credit: Adam Cairns-The Columbus Dispatch

Throughout history, humans have adjusted their thinking when proven wrong, outdated and intolerant.

For example, early humans thought the Earth was flat until the Magellan-Elcano expedition of 1519 provided the first concrete proof that we live on a spherical object. Doctors once appeared in ads touting the benefits of smoking. We used to believe that women and people of color could only perform certain jobs because they were not smart enough.

Now, science and society debate whether there are only two sexes based on biological birth or whether there are other kinds of identifiers.

Ray Marcano, a longtime journalist, is the former national president of the Society of Professional Journalists, a two-time Pulitzer juror, and a Fulbright fellow.
Ray Marcano, a longtime journalist, is the former national president of the Society of Professional Journalists, a two-time Pulitzer juror, and a Fulbright fellow.

We now understand that gender dysphoria is real, with cases among youngsters from 6 to 17 soaring. We understand the mental health issues caused by dysphoria, including increasing teen suicides.

Over time common sense has trumped biases, like when the country was apoplectic over interracial or same-sex marriage. We’ve (mostly) come to our societal senses.

Matter of feeling over fact

But in this case, you have a judge who has abused his power by writing an opinion that’s clearly based on his personal beliefs. He uses flowery language to note “deeply rooted law,” which has been derailed many times in our history.

Roe v. Wade, anyone?

Let’s have the debate on whether the Title IX changes have gone too far.

But judges should keep personal feelings out of their courtrooms. If they can’t, they should step aside. That’s what Reeves should do on any issues involving sexual orientation.

Ray Marcano, a longtime journalist, is the former national president of the Society of Professional Journalists, a two-time Pulitzer juror, and a Fulbright fellow. He is a frequent Columbus Dispatch contributor.

This article originally appeared on The Columbus Dispatch: Title IX ruling blocking LGBTQ protections is part of backwards effort