6 states halt Biden administration's Title IX rewrite after West Virginia athlete's lawsuit

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A U.S. district court in Kentucky on Monday ordered the implementation of the Biden administration’s new Title IX protections halted after a West Virginia girl and a Christian Educators Association International sued after a transgender teen competed on a middle school team.

The new injunction applies to Ohio, Kentucky, Tennessee, Indiana, Virginia and West Virginia.


Track and field baton

An athlete prepares to compete in the men’s 4×100-meter relay during the Division I Men’s and Women’s Outdoor Track & Field Championship on June 7, 2023 in Austin, Texas. (C. Morgan Engel/NCAA Photos via Getty Images)

“Nonetheless, despite society’s enduring recognition of biological differences between the sexes, as well as an individual’s basic right to bodily privacy, the Final Rule mandates that schools permit biological men into women’s intimate spaces, and women into men’s, within the educational environment based entirely on a person’s subjective gender identity,” the U.S. District Court for the Eastern District of Kentucky said in its ruling. 

This result is not only impossible to square with Title IX but with the broader guarantee of education protection for all students.

A federal judge blocked Biden’s Title IX rule in Louisiana, Mississippi, Montana and Idaho last week.

Tennessee v. Cardona centers around the case of B.P.J., Becky Pepper-Jackson – a track athlete in West Virginia whose representatives overturned the Saves Women’s Sports Act in the state back in April.


Trans flag thumb

President Biden’s Title IX rewrite was halted in a few more states on Monday. (Alexander Pohl/NurPhoto via Getty Images)

Pepper-Jackson at the time was the only transgender girl identified by advocates and the opposition as wanting to play on a girls’ team in West Virginia. Pepper-Jackson had been competing with and against girls since entering middle school and has been taking puberty blockers since age 13.

In April, five West Virginia middle school athletes refused to compete against Pepper-Jackson in an event.

Alliance Defending Freedom, which filed the lawsuit on behalf of the Christian Educators Association International and the aggrieved 15-year-old girl, wrote in its suit that 300 female athletes had been displaced in three years in discus and shot put.

Riley Gaines, an OutKick contributor who hosts the “Gaines for Girls” podcast and is the director of the Riley Gaines Center at the Leadership Institute, issued a statement on the ruling.

“This is a huge win,” Gaines said. “I don’t think we would have seen this kind of decisive action 2 years ago. The gender ideology house of cards is crumbling. And it’s crumbling fast.


“I hope every generation following mine has the same opportunity to compete and succeed that I was fortunate to have for most of my athletic career. But if it’s up to Biden and the progressive Democrats, they won’t.”

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