Supreme Court Upholds Block on Entirety of Biden’s New Title IX Rule

Washington — The Supreme Court recently opted not to allow the Biden administration to enforce certain aspects of a new rule designed to shield transgender students from discrimination under Title IX, pending ongoing legal challenges.

In its decision, the court upheld two separate federal court orders from Kentucky and Louisiana. These rulings have effectively prevented the Department of Education from applying the new rule across ten states. The Justice Department had requested the Supreme Court to temporarily uphold parts of the rule, but these requests were denied.

Although four justices expressed support for letting portions of the rules go into effect, all the justices agreed to keep the most contentious aspects of the changes on hold. This included the new definition of “sex discrimination” to encompass “gender identity,” along with restrictions surrounding same-sex facilities.

This rule, announced by the Biden administration in April, sought to expand Title IX’s coverage to include LGBTQ students. Title IX is a landmark law that has been around for 50 years, prohibiting discrimination based on sex in any educational institutions that receive federal funding. Even though the rule took effect on August 1, it was only applicable in less than half of the states, as federal judges have temporarily blocked it in 26 states due to legal challenges.

The legal battles presented to the Supreme Court involve two groups of states contesting three core provisions of the rule. The first provision states that Title IX’s ban on sex discrimination also includes gender identity. The second provision expands the definition of “hostile environment harassment” to include harassment based on gender identity. The third clarifies that prohibiting transgender students from using restrooms and other facilities that align with their gender identity violates Title IX.

The first challenge comes from four states—Louisiana, Mississippi, Montana, and Idaho—alongside the Louisiana Department of Education. A second challenge is presented by six states: Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia.

In June, federal district courts in Louisiana and Kentucky determined that these states were likely to succeed in their lawsuits. As a result, they blocked the implementation of the entire rule across the involved jurisdictions. Following this, the Biden administration appealed to federal appeals courts in both instances to implement the rule temporarily, limiting it to provisions not under challenge. However, both appeals were denied by split decisions.

In seeking emergency relief from the Supreme Court, the Justice Department criticized the district court’s injunctions as “grossly overbroad.” They argued that these injunctions hindered the enforcement of numerous provisions of a critical rule aimed at advancing Title IX, which is essential for protecting millions of students from sex discrimination.

Solicitor General Elizabeth Prelogar emphasized that while the April 2024 rule is comprehensive, most of its provisions do not pertain to gender identity. Instead, the rule includes clarifications on a variety of terms like “complaint,” “elementary school,” and “postsecondary institution.”

While recognizing that challenges to federal policies are common, Prelogar criticized the lower courts for their sweeping approach. She articulated that without a stay from the Supreme Court, the Department of Education would struggle to uphold the vital protections established by Title IX in numerous states.

Conversely, in the challenge from Louisiana, Republican officials contended that the rule produced by the Biden administration would “radically impact” schools, educators, and families. They argued that the Education Department has effectively transformed Title IX’s intent of ensuring equal educational opportunities into a complex mandate requiring far-reaching adjustments from schools and teachers.

They further maintained that a partial stay would inevitably generate confusion, providing teachers little time to understand their responsibilities under a modified rule just as the school year commenced. This uncertainty could similarly impact parents and students, complicating decisions regarding public education.

In a different challenge from Kentucky, officials from six states raised concerns about the cost and resource expenditure required to comply with the newly revised rule within a tight timeframe.

In the midst of the legal challenges surrounding the Title IX rule, a considerable number of other lawsuits are making their way through lower courts. The Education Department’s changes come at a time when numerous Republican-led states have enacted laws targeting transgender youth. Over twenty states have placed restrictions on medical treatments such as puberty blockers and hormone therapies for minors experiencing gender dysphoria. Additionally, the constitutionality of a Tennessee law regarding these issues is set to be reviewed by the Supreme Court in the upcoming fall session.

Presently, at least eleven states have legislated against allowing transgender individuals to use bathrooms and facilities that match their gender identities in schools. Additionally, twenty-five states have banned transgender girls from participating on female teams in school sports.