U.S. Judge Rejects Biden Admin's Radical Redefinition of 'Sex'

He says Title IX permits males and females to be separated based on the 'enduring physical differences between the sexes,' so trans who identify as males have no right to play on female sports teams.

Photo by Mayank Khanwalker on Unsplash

A federal judge hammered another nail in the coffin of outgoing President Joe Biden’s attempted revolution in basic biology.

Chief U.S. District Judge Danny C. Reeves of the Eastern District of Kentucky Thursday dismissed the U.S. Department of Education’s (DOE) attempt to rewrite Title IX of the Education Amendments of 1972. The DOE published a Final Rule that substitutes the biological definition of “sex” - male/female - in Title IX with an individual’s “sense of their gender.”

Judge Reeves’s ruling means that men who “identify” as women have no right to claim the legal rights of women under Title IX, which applies to educational institutions that receive federal funds. It is therefore not discrimination to bar men who “identify” as women from playing on female athletic teams, from using female restrooms, or from joining female sororities.

Judge Reeve called the DOE’s Final Rule “arbitrary and capricious” and said it inflicts significant harm on females by eliminating same-sex sororities, bathrooms and showers.

The ruling could have wider implications for other federal agencies, such as the U.S. Bureau of Prisons, which houses males who “identify” as women in female prisons.

The DOE could appeal the ruling but that seems unlikely given that Biden is leaving office on Jan. 20.