The rule aimed to ban discrimination on the basis of gender identity and sexual orientation, extending protections to LGBTQ+ students. Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky issued a 93-page opinion stating that the new rule exceeds the Department of Education's authority.

The ruling not only affects Kentucky but also has implications for five other states, namely Tennessee, Ohio, Indiana, Virginia, and West Virginia. These states would have seen the implementation of the Title IX rule in August, which sought to explicitly include LGBTQ+ students under the protection of the 1972 civil rights provision.

Judge Reeves argued that the new rule's expansion of the definition of "sex" raises concerns over "student and faculty safety" since it allows unrestricted access to sex-segregated bathrooms and changing rooms. Furthermore, he claimed that parents have a constitutionally protected right to guide their children on matters of identity, including gender norms and behaviors.

The case was brought forward by six Republican attorneys general, including Kentucky Attorney General Russell Coleman, who stated that the ruling was necessary to protect women and girls. The decision aligns with Kentucky's previous legislation targeting transgender youth, such as banning trans athletes from participating in girls and women's sports teams and prohibiting teaching about gender identity, gender expression, or sexual orientation in schools.

Critics of the ruling, including Chris Hartman, the executive director of the Kentucky Fairness campaign, expressed disappointment and called the decision ignorant. Hartman highlighted the adverse impact the ruling could have on the transgender community, particularly the state's trans youth.

Despite the setback, advocates for LGBTQ+ rights remain hopeful. They encourage schools to continue supporting transgender students within the confines of existing laws. ACLU Kentucky Legal Director Corey Shapiro expressed concern over the judge's legal arguments, noting that they could permit discrimination against transgender students and misgendering by teachers.

This ruling comes after a federal judge in Louisiana also blocked the Title IX rule in Idaho, Louisiana, Mississippi, and Montana, calling it an abuse of power. Twenty-six Republican-led states have filed lawsuits opposing the rule, while Democrat-controlled states have shown widespread support.

As the legal battle continues, the fate of LGBTQ+ student protections under Title IX remains uncertain.