Biden’s Title IX Transgender Protections Blocked by Kansas Judge

An Education Department rule that bars discrimination against children based on their gender identity in schools that receive federal funding was preliminarily blocked by another federal district court on Tuesday.

The latest injunction, issued by Judge John W. Broomes of the US District Court for the District of Kansas, affects the plaintiff states of Alaska, Kansas, Utah, and Wyoming.

The rule, which expands Title IX protections against discrimination and harassment to include sexual orientation and gender identity, has now been blocked in 14 states. Other trial courts issued injunctions last month affecting Louisiana, Mississippi, Idaho, Montana, Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia.

Broomes, a Trump appointee, found the plaintiff states are likely to succeed on their claim that the Biden Administration exceeded its statutory authority in “expanding the definition of sex discrimination” in the final Education Department rule.

The states argued that the regulation’s definition of sexual harassment would chill the speech of students who “want to articulate that sex is immutable and binary” and “refer to individuals with biologically accurate pronouns.”

Broomes agreed, calling the regulation’s definition of sex-based harassment impermissibly vague under the Administrative Procedure Act.

The ruling is another blow to the Biden Administration’s efforts to protect LGBTQ rights. Since the US Supreme Court held in 2015’s Obergefell v. Hodges that states can’t deny same-sex couples the right to marry, conservative litigators have defended transgender bathroom bans, athlete bans, and efforts to restrict gender affirming care for minors.

The Department of Justice didn’t immediately respond to an emailed request for comment.

The Office of the Kansas Attorney General represents the plaintiff states.

The case is Kansas v. Dep’t of Education, D. Kan., No. 5:24-cv-04041, 7/2/24.