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Judge Scraps Biden’s LGBTQ Protections and Bans Requiring Teachers to Use Students’ Chosen Pronouns

January 11, 2025 | FlaglerLive | 27 Comments

Hundreds of people gathered at Washington Square Park in New Orleans on March 31, 2023, for a march to mark Transgender Day of Visibility. (Greg LaRose/Louisiana Illuminator)
Hundreds of people gathered at Washington Square Park in New Orleans on March 31, 2023, for a march to mark Transgender Day of Visibility. (Greg LaRose/Louisiana Illuminator)

A federal district court judge in Kentucky has struck down President Joe Biden’s effort to protect transgender students and make other changes to Title IX, ruling the U.S. Department of Education violated teachers’ rights by requiring them to use transgender students’ names and pronouns.

The ruling issued Thursday, which applies nationwide, came as a major blow to the Biden administration in its final days and to LGBTQ+ advocates. It comes less than two weeks before President-elect Donald Trump takes office, when the rule was likely to face more scrutiny from someone who took aim at transgender people in a culture war-focused campaign.

The Biden administration rule was released last April and aimed to protect LGBTQ+ students in K-12 schools, colleges and universities. The rule also conferred protections for pregnant students. The update to Title IX, the federal law that forbids sex-based discrimination in education, was expanded to include gender identity and sexual orientation.

In his opinion, Chief Judge Danny Reeves of the Eastern District of Kentucky wrote in his opinion that the education department could not expand Title IX to prohibit discrimination based on gender identity. Reeves was nominated to the bench by President George W. Bush.

louisiana illuminator logoGender identity refers to the gender that an individual identifies as, regardless of their sex assigned at birth.

“The entire point of Title IX is to prevent discrimination based on sex — throwing gender identity into the mix eviscerates the statute and renders it largely meaningless,” Reeves wrote.

Louisiana was among the states that sued the Biden administration over the rule. Its case was pending in the U.S. 5th Circuit Court of Appeals at the time of the ruling in Kentucky, which came in the case Tennessee Republican Attorney General Jonathan Skrmetti brought.

“Louisiana is honored to have litigated this issue alongside Tennessee and our sister States,” Louisiana Attorney General Liz Murrill, a Republican, said in a statement to the Illuminator. “This is a great day for America!”

Louisiana Republican Gov. Jeff Landry also praised the decision in a post on X, the platform formerly known as Twitter.

“Biden’s attempt to rewrite Title IX is dead!” Landry posted from his personal account. “It’s a shame this even had to go to court, but pleased to see this win for women and girls across our Nation.”

Prior to Thursday’s decision, the rule had been temporarily blocked in nearly half of U.S. states, including Louisiana and Tennessee, as litigation played out.

While Reeves’ opinion references a recent U.S. Supreme Court decision that limits the regulatory authority of federal agencies, it also notably rejects the rule on First Amendment grounds.

“The First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner,” Reeves said, referring to sections of the law that could be interpreted as defining deadnaming and misgendering of students as harassment.

Deadnaming is when someone uses a transgender or nonbinary person’s birth name or “dead name” against their wishes. Misgendering occurs when someone refers to an individual by a gender they do not identify as.

–Piper Hutchinson, Louisiana Illuminator

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Reader Interactions

Comments

  1. Ed Danko, former Vice-Mayor, PC says

    January 11, 2025 at 4:54 pm

    Enough with liberal nonsense. Thank you Chief Judge Danny Reeves for using common sense! To those confused people, the bottom line is you’re either a man or a woman. God already assigned your gender. If your brain can’t figure that out, then look inside your pants and quit annoying the rest of us with your stupidity. If you want to pretend otherwise, then go pretend by yourself and leave the rest of us the hell alone. Now no doubt Biden doesn’t know his own gender, but at this point in time he doesn’t know what day it is!

    10
  2. Matt says

    January 11, 2025 at 6:03 pm

    Thank you Chief Judge Danny Reeves ! for applying reason & common sense.
    It looks like the pendulum is finally beginning to swing in the direction of sanity.
    Let’s go ahead and call it the Trump affect – effect

    affect – verb (1)
    af·​fect ə-ˈfekt – transitive verb
    : to produce an effect upon (someone or something):
    : to act on and cause a change in (someone or something)
    ____________________________________________________

    effect – noun
    ef·​fect i-ˈfekt
    a- something that inevitably follows an antecedent (such as a cause or agent) : result, outcome
    b-: the creation of a desired impression

    The last several years of insanity are finally coming to an end.

    6
  3. Sherry says

    January 11, 2025 at 6:37 pm

    Contrary to Maga “brain trust” prejudices. . . Here is actual factual scientific information on the complexity of genders:

    Today we know that the various elements of what we consider “male” and “female” don’t always line up neatly, with all the XXs—complete with ovaries, vagina, estrogen, female gender identity, and feminine behavior—on one side and all the XYs—testes, penis, testosterone, male gender identity, and masculine behavior—on the other. It’s possible to be XX and mostly male in terms of anatomy, physiology, and psychology, just as it’s possible to be XY and mostly female.

    Each embryo starts out with a pair of primitive organs, the proto-gonads, that develop into male or female gonads at about six to eight weeks. Sex differentiation is usually set in motion by a gene on the Y chromosome, the SRY gene, that makes the proto-gonads turn into testes. The testes then secrete testosterone and other male hormones (collectively called androgens), and the fetus develops a prostate, scrotum, and penis. Without the SRY gene, the proto-gonads become ovaries that secrete estrogen, and the fetus develops female anatomy (uterus, vagina, and clitoris).

    But the SRY gene’s function isn’t always straightforward. The gene might be missing or dysfunctional, leading to an XY embryo that fails to develop male anatomy and is identified at birth as a girl. Or it might show up on the X chromosome, leading to an XX embryo that does develop male anatomy and is identified at birth as a boy.

    Genetic variations can occur that are unrelated to the SRY gene, such as complete androgen insensitivity syndrome (CAIS), in which an XY embryo’s cells respond minimally, if at all, to the signals of male hormones. Even though the proto-gonads become testes and the fetus produces androgens, male genitals don’t develop. The baby looks female, with a clitoris and vagina, and in most cases will grow up feeling herself to be a girl.

    Which is this baby, then? Is she the girl she believes herself to be? Or, because of her XY chromosomes—not to mention the testes in her abdomen—is she “really” male?

    5
  4. Deborah Coffey says

    January 11, 2025 at 7:49 pm

    Enough with the MAGA hate and MAGA judges. Who made me? God made me…just the way I am. MAGAs will find out what that means the second they hit the “other side.” Justice is Mine, sayeth the Lord.

    4
  5. JimboXYZ says

    January 11, 2025 at 8:00 pm

    I think if I’m a teacher I go by what the kids name is in the moment for what is on their official school record for report card grades that will identify what their body of work academically has been & will be. Avoid pronouns altogether defuse their mental illness for trying to leverage that as some power play to control the school administration. Who cares what they identify as ? They are there to learn, school staff to administer & teach that. Shouldn’t be that difficult to call someone by what their parents & peers call them & that they want to be called. Amazing that this is one of Biden’s biggest social accomplishments in the last 4 years beyond pardoning Hunter for 11 years of a crime spree.

    4
  6. Deborah Coffey says

    January 12, 2025 at 12:35 pm

    Hatred is born in ignorance.

    5
  7. Ed Danko, former Vice-Mayor, PC says

    January 12, 2025 at 6:18 pm

    Yes Deborah, God made you, and we don’t want foolish liberal parents along with greedy doctors changing that! Sorry to tell you but the majority of us have had enough of the left wing liberal agenda. I’d suggest you consider moving to the Left Coast of CA, but I think all the Hollywood libs there are finally waking up and realizing how stupid those failed liberal policies as their homes burn to the ground. The hate comes from you, and those who still are confused about right and wrong. We are Making America Great Again, and we intend on keeping it that way!

    7
  8. Ed Danko, former Vice-Mayor, PC says

    January 12, 2025 at 6:24 pm

    Let’s not forget the Biden pardon of those 37 convicted of murder on death row. Another amazing Biden social accomplishment, assuming he was even awake when it was done!

    5
  9. JC says

    January 12, 2025 at 7:17 pm

    Enough with your nonsense, which is why I am glad you didn’t get elected.

    1
  10. JC says

    January 12, 2025 at 8:09 pm

    You are one angry old man. God didn’t made you to scream at people who you disagree with. Do you think God hate liberals? Look at you, it is sundown on a Sunday and you are on here making a fool out of yourself.

    1
  11. JC says

    January 12, 2025 at 8:10 pm

    Where does God say it is ok to murder criminals?

    1
  12. Sheila Zinkerman Citizens for Truth and Justice in Education says

    January 12, 2025 at 11:40 pm

    A book published August 2024, “Gender Explained: A New Understanding of Identity in a Gender Creative World” Diane Ehrensaft, PhD and Michelle Jurkiewicz, PsyD, offers a framework for thinking about gender with an open mind.
    At its core, this book is rooted in respect, empathy, and a desire to make the world a more inclusive place, which is clearly needed based on certain comments. Whether you’re a parent trying to support your child, an educator working to create a safe space for students, or someone seeking to expand your understanding, this book is a “safeguard against political vitriol and it offers urgent protections for those among us who are transgender and/or nonbinary”. Pick up your copy before anti-government extremist front groups ban it. And if you experience discrimination, make sure to submit a complaint to the Office of Civil Rights. Discrimination Complaint Form.

    2
  13. Skibum says

    January 13, 2025 at 12:41 am

    We would all be a lot better off if you and others like you would just stop being so concerned with what is inside other people’s pants. It is a very unhealthy pre-occupation and suggests some unnatural tendencies. There are counselors who specialize in helping people like you.

    2
  14. Skibum says

    January 13, 2025 at 12:53 am

    One more outright LIE to chalk up to your total count. There were NO 37 death row pardons, repeat NONE. He commuted the death sentences of those inmates so they all are now serving life without parole, STILL in prison, STILL convicted felons. What part of what actually happened there was too far above your IQ to be able to grasp? It was not a difficult issue to follow or to comprehend when it was reported. But you have a history of not being trustworthy or honest so I guess it is just par for the course, and one more reminder of why you were summarily dumped out of elected office.

    3
  15. Laurel says

    January 13, 2025 at 9:16 am

    Ed Danko etc., etc.: Please explain to me what gender a hermaphrodite is. I’ve asked this question several times here, and no Trumplican has answered. Please enlighten me with a scientific based answer. Thank you.

    1
  16. c says

    January 13, 2025 at 9:44 am

    Who’s this “WE” you keep talking about? You got schizoid tendencies? Cause I *know* you ain’t talking about me, nor any of my friends – both Dem and Rep friends (the REAL Republicans – the non-traitorous ones, yanno).

    1
  17. c says

    January 13, 2025 at 9:45 am

    Doesn’t say what they want to hear – must be fake.

    2
  18. Nancy N says

    January 13, 2025 at 10:24 am

    Some of you all have a really sick obsession with what is in other peoples’ pants and need to learn to mind your own business. Hey Republicans, whatever happened to being the party of small government that left people alone?

    2
  19. William P Buzzi says

    January 13, 2025 at 10:28 am

    What is it with you mouth MAGA nuts? What possible impact could the decisions by these people have on you.Why don’t you focus on some “real” issues instead of this nonsense that offends your supposed Christian values?
    Much ado about nothing…

    2
  20. William P Buzzi says

    January 13, 2025 at 10:31 am

    Let’s not forget the 29 convictions and 2 impeachments of the moron you folks elected to the Presidency…twice! First convicted felon to be President, and make no mistake…he ain’t done yet

    2
  21. c says

    January 14, 2025 at 8:27 am

    Nancy, you asked ? :
    “Hey Republicans, whatever happened to being the party of small government that left people alone?”

    There’s more money, power, and self-inflation of ego in being fascist.

    BTW, I am formally suggesting that we officially differentiate between the TRUE Republicans of yore, and the new MAGA fascist party members currently masquerading as RINO’s. I was never one to be labeled either Republican or Democrat, but I was able to see and respect integrity, honesty, and a true willingness to support the best interests of the USA in both parties – even whilst differing. These new MAGAttes (pronounced ‘maggots’) have none of those attributes, and should not be allowed to use the name Republican.

    1
  22. Laurel says

    January 15, 2025 at 12:34 pm

    Got another one for you, Ed, since you had no answer for the first question: Why do men have nipples?

    I’ll wait for this one, too (probably a long time) .

  23. Laurel says

    January 15, 2025 at 12:39 pm

    Skibum: Not to mention that two of the convicts turned down the pardons and preferred the death penalty.

    Facts? No, they don’t need no stinkin’ facts!

  24. Laurel says

    January 15, 2025 at 12:41 pm

    JC: Those “Christian,” “right to lifers” are confusing, aren’t they?

  25. Matt says

    January 24, 2025 at 10:37 am

    Crime has it’s punishment. some crime earns a capitol punishment. But you already know that, your just asking ignorant questions for the sake of being ignorant, like most liberal types acting like a spoiled petulant child who’s not getting their way.
    I’m sure that you’ll respond by calling me names after your done screaming & crying into your pillow.
    BTW that Trump Administration is off to a monumental start Making Americ a Great Again, huh!

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