'There are two sexes: male and female.'
U.S. District Court’s Eastern District of Kentucky , Northern Division Chief Judge Danny Reeves issued a temporary injunction in theThere are two sexes: male and female.More than fifty years ago, Congress recognized that girls and women were not receiving educational opportunities that were equal to those afforded to their male counterparts. It attempted to remedy this historical inequity through the passage of the Education Amendments Act of 1972, commonly known as Title IX.
The case includes a West Virginia high school female athlete who boycotted a track event instead of competing against a male. Before that event, the male displaced her many times. He even prevented her from competing in the conference championship. “As they correctly argue, the new rule contravenes the plain text of Title IX by redefining “sex” to include gender identity, violates government employees’ First Amendment rights, and is the result of arbitrary and capricious rulemaking,” wrote Reeves.
Reeves granted the order because he believed they would succeed on the case’s merits, suffering immediate and irreparable harm. “If the new rule is allowed to take effect on August 1, 2024, all plaintiffs will suffer immediate and irreparable harm,” stated Reeves. “Because the plaintiffs are likely to prevail on the merits of their claims, and the public interest and equities highly favor their position, the new rule will be enjoined, and its application stayed.”
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