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Federal judge rejects Biden administration’s Title IX rewrite

A federal judge in Kentucky has blocked the Biden administration’s attempt to redefine sex as “gender identity” under Title IX, blocking the change nationwide.

The U.S. District Court for the Eastern District of Kentucky, Northern District, issued its decision in Cardona v. Tennessee on Thursday.

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Transgender flag and separated from the track finish line. (Getty Images)

“Another huge victory for TN and the state!” Tennessee Attorney General Jonathan Skrmetti posted on The Biden administration’s radical new Title IX regulations were revoked.

“The court’s order is a huge victory for protecting girls’ privacy in locker rooms and showers and the freedom to speak biologically appropriate pronouns.”

The ruling comes months after the Supreme Court rejected the Biden administration’s emergency request to enforce parts of the new rule that would have included protections for transgender students from discrimination under Title IX.

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The sweeping rule, released in April, clarifies Title IX’s prohibition on “sex” discrimination in schools, covering discrimination based on gender identity, sexual orientation and “pregnancy or related conditions.”

The rule, which takes effect on August 1, is the first time the law provides that discrimination on the basis of sex includes conduct related to a person’s gender identity.

Penn State athlete Leah Thomas at nationals

Penn State swimmer Leah Thomas, left, and Kentucky swimmer Riley Gaines compete in the 200-meter freestyle finals of the NCAA Swimming and Diving Championships at the McCauley Aquatic Center in Atlanta on March 18, 2022. Reaction after finishing tied for fifth place. (Rich von Bieberstein/Icon Sportswire via Getty Images)

That led more than two dozen attorneys general to sue over the rule, arguing it would conflict with laws in some states that bar transgender students from participating in girls’ sports.

“Looking at Title IX as a whole, discrimination on the basis of sex clearly means discrimination on the basis of maleness or femaleness,” the court’s opinion read. “As this court and other courts have interpreted, the definition of discrimination ‘on the basis of sex’ Expanding the meaning to include “gender identity” completely subverts Title IX.

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“While Title IX attempts to level the playing field between men and women, there are numerous exceptions that allow for the separation of men and women based on enduring physical differences between the sexes.”

The decision comes as Alabama Republican Sen. Tommy Tuberville prepares to introduce the Protecting Women and Girls in Sports Act to the Senate for consideration.

It will be subject to a procedural vote on Friday.

Fox News’ Chad Pegram contributed to this report.

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