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Friday, May 16, 2025

26 States Halt Biden Administration’s Title IX Rule Safeguarding LGBT Students

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WASHINGTON — ⁢Despite the recent ‍implementation of a⁣ federal regulation aimed at ⁤safeguarding LGBT‍ students from gender identity-based discrimination in ​educational institutions, the rule remains ​obstructed in 26 states. This comes after the U.S. Supreme Court did not respond to appeals⁣ from⁢ President Joe Biden’s administration to broaden its application.

The Supreme Court has yet to make a move on the administration’s pleas to partially lift the lower court injunctions that are currently blocking the rule in 10 ⁤states led by Republicans. These states had previously contested the rule, and litigation is ⁣still ongoing.

This intricate legal scenario implies that​ the U.S. Education Department can only enforce the rule, which⁢ was announced in‌ April, in 24 out of the 50 states.‌ The rule is an extension ‌of the ​protections‌ provided under Title IX ​of the⁢ Education Amendments of 1972.⁤ This federal law prohibits sex discrimination in education⁤ programs that ‍receive federal funding.

An‍ Education‌ Department representative stated‍ that​ the final Title IX regulations were “developed⁢ through a rigorous process to actualize the nondiscrimination‌ mandate of Title IX. The department stands by⁤ the final Title IX ⁤regulations released in ‍April 2024, and‌ we will continue to fight for every student.”

The Biden ‍administration had⁢ requested the‍ Supreme Court to step in on a lawsuit filed by⁢ Louisiana, Mississippi, Montana, Idaho, and several Louisiana school boards. Another lawsuit was filed by Tennessee, Kentucky, Ohio, Indiana, Virginia,⁢ West Virginia, and⁣ a group of Christian educators.

The administration aimed to reinstate in these states a crucial provision that interprets discrimination ‌”on the basis of sex” ⁤to include sexual orientation and gender identity.⁢ This is in addition to the rule’s numerous other provisions ⁤that do ⁣not specifically address gender identity.

The states and other plaintiffs argue that the rule compels schools to permit transgender students to use ​restrooms ‌and locker rooms, and faculty to use pronouns for transgender ⁤students, that align⁣ with their gender identities. They contend that the Democratic president’s administration has unlawfully revised a law established over half a century ago to protect women from discrimination in education.

Louisiana Attorney General Liz Murrill, when announcing the state’s lawsuit, criticized the federal rule as a⁣ “political agenda, disregarding significant safety concerns for young female students in preschools, elementary schools, middle‍ schools, high schools, colleges, and ​universities across Louisiana and the entire country.”

A series of lawsuits successfully ⁢obstructed the law in‌ 22 states, almost all governed by Republicans. However, the administration achieved a‍ win on Tuesday when⁢ a federal judge declined to block the rule in Alabama, Florida, South Carolina,‌ and Georgia. Yet, the⁢ Atlanta-based 11th ⁤U.S. Circuit Court of Appeals temporarily suspended the rule on Wednesday in those states, pending its review of the litigation.

The rule introduces ‍numerous amendments to regulations combating sex⁤ discrimination under Title IX. These include covering LGBT individuals and bolstering protections for pregnant students, parents, and guardians.

The administration has argued that including LGBT students‍ under Title IX is a “straightforward application” of the Supreme Court’s landmark 2020 ruling. This ruling stated ‍that a similar law, known as Title ⁢VII, which prohibits⁤ workplace discrimination, also protects gay and transgender employees.

The Supreme Court is currently examining decisions ⁣made by U.S.‍ District Judge Terry Doughty in Louisiana and U.S. District ⁣Judge Danny Reeves in Kentucky. Both judges concluded that Title IX’s reference to sex pertains only to⁤ “biological” ⁢males and‍ females, and that the Supreme Court’s 2020 ruling does not apply in this context.

In June, the Supreme Court agreed to hear another case from Tennessee involving a Republican-backed ban on​ transgender-related treatment for minors. The court will hear the case in its next term, which begins in October.

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