A district judge has granted Texas and Montana’s request for a preliminary injunction against the federal government’s attempt “to impose a sweeping new social policy” that allows for Title IX coverage for gender identity.
The ruling follows others in which federal judges have brought Title IX revisions to a halt.
In this most recent decision, Texas District Judge Jeremy Kernodle ruled that the Department of Health and Human Services (HHS) can’t force state health care providers to fund gender-affirming care by threatening them with the loss of federal funding.
In May 2024, HHS issued a press release on its Final Rule, which expanded the definition of Title IX protections in 2016 to include “discrimination based on the basis of gender identity” to fit in with Section 1557 of the Affordable Care Act (ACA). Title IX was initially established in 1972 to protect women from discrimination in public education.
“When Congress enacted the ACA in 2010, no agency—or court—had ever interpreted ‘on the basis of sex’ to mean ‘on the basis of gender identity,’” Judge Kernodle wrote. “But in 2016, HHS began to do so, issuing a rule purporting to implement Section 1557 and prohibiting discrimination on the basis of ‘gender identity.’”
Texas and Montana, two states that exclude gender-affirming care procedures from their Medicaid programs and prohibit doctors from performing them on minors, sued HHS, arguing that the federal health department has no authority to mandate that the states adhere to these revisions.
Hellbound and Down 