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Victory for Women and Girls: A Federal District Court Rejects the Biden Administration’s Redefinition of Sex in Title IX


WASHINGTON, D.C. — A Federal District Court in Kentucky issued a decision today in Tennessee v. Cardona that strikes down the Biden Administration’s unlawful attempt to redefine “sex” in Title IX to include “gender identity.” The Court’s ruling applies nationwide and is a win for women and girls across the country.


In April, Independent Women’s Law Center, and the states of Alabama, Florida, Georgia, and South Carolina sued the Biden administration for unlawfully rewriting Title IX. The radical redefinition of sex discrimination ignored biological reality and common sense, requiring schools to disregard students’ privacy in sex-specific spaces like showers and locker rooms and upended the foundation of women’s sports.


The U.S. District Court for the Eastern District of Kentucky held that the Title IX rewrite was “arbitrary and capricious agency action.” The Court opined “When Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being male and female. As this Court and others have explained, expanding the meaning of “on the basis of sex” to include “gender identity” turns Title IX on its head.”


May Mailman, director of Independent Women’s Law Center, said: “This isn’t the end. Schools across the country are continuing to force girls to give up their private spaces and safe sports even without Biden’s gender ideology mandate. I look forward to sanity prevailing on January 20, when the incoming administration has the opportunity to protect women’s opportunities and equal dignity as Title IX clearly guarantees.”


Inez Stepman, senior policy and legal analyst at Independent Women, said: “Federal Courts have now unequivocally laid down the law: the Biden Administration’s bureaucrats are not allowed to invent a new meaning for the word sex in Title IX. Both under Presidents Biden and, previously, Obama, democrats have tried to slip gender ideology into Title IX’s protections for women. This unpopular game has finally been smacked down decisively in this decision. Sex means sex, not gender identity.”


Beth Parlato, senior legal advisor at Independent Women’s Law Center, said: “This is a huge win for protecting the safety, fairness and opportunities for women and girls across the country. The Biden Administration’s attempt to redefine “sex” was fatally tainted from day one. The American people have common sense and understand that “sex” means male and female.”


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Independent Women’s Forum is dedicated to developing and advancing policies that aren’t just well intended but actually enhance people’s freedom, opportunities, and well-being.

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