U.S. District Judge Danny C. Reeves referred to the regulation as “arbitrary in the truest sense of the word” in granting a preliminary injunction blocking it in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia. His ruling comes days after a different federal judge temporarily blocked the new rule from taking effect in Idaho, Louisiana, Mississippi and Montana.
The ruling Monday in Kentucky was applauded by the state’s GOP attorney general, Russell Coleman, who said Biden's regulation would undermine equal opportunities for women.
“The judge’s order makes clear that the U.S. Department of Education’s attempt to redefine ‘sex’ to include ‘gender identity’ is unlawful and beyond the agency’s regulatory authority,” Coleman said in a statement.
The two cases are among at least seven backed by more than 20 Republican-led states fighting President Joe Biden’s rule. Set to take hold in August, the policy expands special rights for LGBTQ+ students including biological males being allowed to compete in female sports or to use female bathrooms..
In another lawsuit, the Education Department on Friday asked a federal judge in Missouri to deny a request for a preliminary injunction against the new rule. The lawsuit was filed last month by the Republican attorneys general from Arkansas, Iowa, Missouri, Nebraska, North Dakota and South Dakota.
