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Washington, D.C. Newsroom, Oct 24, 2025 / 17:31 pm (CNA).

A federal judge struck down a regulation imposed by President Joe Biden's administration, saying the administration was "redefining sex discrimination." 

The Biden administration adopted the rule through the Affordable Care Act (ACA), also known as Obamacare. The ACA authorized the Department of Health and Human Services (HHS) to implement rules that prohibit "sex" discrimination as understood through the 1972 Title IX Education Amendments.

Biden's administration interpreted the ban on "sex" discrimination to also imply a prohibition on discriminating against a person on the basis of sex characteristics, including "sexual orientation; gender identity; and sex stereotypes." Neither Title IX nor the ACA define "sex" in this way.

U.S. District Court Judge Louis Guirola Jr. of the Southern District of Mississippi ruled HHS "exceeded its authority" because when Title IX was adopted in the 1970s, "Congress only contemplated biological sex."

The judge said the Biden administration was not implementing the prohibition as intended by the authors of the law.

The ruling states that Congress "was particularly concerned with inequality that female students experienced" but that "it did not at that time contemplate gender identity, transgender status, or 'gender-affirming care.'"

"Neither [the HHS] nor this court have authority to reinterpret or expand the meaning of 'sex' under Title IX," Guirola wrote.

Tennessee Attorney General Jonathan Skrmetti, who helped lead the multistate effort to sue the Biden administration over the regulation, praised the ruling in a statement.

"When Biden-era bureaucrats tried to illegally rewrite our laws to force radical gender ideology into every corner of American health care, Tennessee stood strong and stopped them," Skrmetti said.

"Our 15-state coalition worked together to protect the right of health care providers across America to make decisions based on evidence, reason, and conscience," he added. "This decision restores not just common sense but also constitutional limits on federal overreach, and I am proud of the team of excellent attorneys who fought this through to the finish."

At the time the "gender identity" rule was adopted, the United States Conference of Catholic Bishops (USCCB) expressed concern that it advanced an "ideological view of sex."

USCCB Religious Liberty Commission Chair Bishop Kevin Rhoades said at the time that "health care that truly heals must be grounded in truth," but this rule "denies the most beautiful and most powerful difference that exists between living beings: sexual difference."

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