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

August 2, 2024

Updated: August 2, 2024

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.