Supreme Court Rejects Stays on Title IX Changes for LGBTQ Students in 10 States

On August 17, the Supreme Court declined to consider an appeal regarding the enforcement of recent Title IX amendments introduced by the Biden-Harris administration aimed at protecting LGBTQ students. This decision comes in the wake of challenges from ten states, which filed lawsuits in federal courts against these changes.

The refusal by the Supreme Court means that the Department of Education’s request to pause federal court injunctions that prevent the enforcement of specific provisions in ten states has been dismissed. These provisions include new definitions of sex discrimination, encompassing factors such as “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity,” as indicated by the court in an unsigned statement.

In response to the Title IX modifications, ten states, along with other entities, initiated federal lawsuits in Louisiana and Kentucky. These lawsuits resulted in preliminary injunctions that halted the enforcement of the contested Title IX updates. Now, the Department of Education is hoping to overturn these injunctions through appeals in federal appellate courts.

Additionally, the Department aims to implement the unchallenged changes to Title IX while awaiting decisions from the Fifth and Sixth Circuit Courts of Appeal in October. However, the appellate courts have previously denied these requests, citing the complexity involved in separating the contested provisions from the overall framework of the new rules.

The Supreme Court provided insight into the appellate courts’ reasoning, stating that the revised definition of sex discrimination is closely connected to many other elements of the new regulations. The court noted, “The allegedly unlawful provisions are not readily severable from the remaining provisions.” This complexity poses significant challenges for educational institutions trying to navigate the rules if some provisions are enforced while others are not.

Moreover, the Supreme Court made it clear that the Department of Education carries the responsibility of demonstrating that it has a solid chance of succeeding in its legal arguments. They must also clarify which provisions are distinct from the new Title IX definition of sex discrimination. The court’s denial highlighted that this necessary argumentation had not been sufficiently presented.

In closing, the Supreme Court expressed hope that the appellate courts would work efficiently in reaching their decisions regarding these significant issues. The unsigned statement emphasized the importance of clarity and quick resolution in these matters, particularly as they impact educational institutions and the rights of students.

Title IX, originally established by the Education Amendments of 1972, prohibits discrimination based on sex in education programs and activities that receive federal funding. The ongoing adjustments and challenges surrounding Title IX continue to evoke considerable discussion and legal scrutiny, particularly concerning their implications for LGBTQ rights in educational settings.

Source: UPI