The Supreme Court has declined to allow the Biden administration to enforce portions of a rule that includes protections for transgender students under Title IX while legal proceedings continue. Federal courts in Kentucky and Louisiana had blocked the Department of Education from enforcing the rule in 10 states, and the Supreme Court upheld these decisions. The rule, announced by the Biden administration in April, expanded Title IX’s protections to LGBTQ students by including discrimination on the basis of sexual orientation and gender identity. The rule took effect on August 1, but has been temporarily blocked in 26 states due to legal challenges.
The court battles involved two groups of states challenging three provisions of the rule, including recognizing that Title IX covers gender identity, broadening the definition of “hostile-environment harassment,” and clarifying that schools violate Title IX by prohibiting transgender students from using facilities consistent with their gender identity. Federal district courts in Louisiana and Kentucky found that the states were likely to succeed in their cases and blocked enforcement of the rule across 10 states. The Justice Department had asked for partial enforcement of the rule, but the Supreme Court upheld the lower courts’ decisions, agreeing that the “new definition of sex discrimination is intertwined with and affects many other provisions of the new rule.”
The Justice Department argued that the districts courts’ injunctions were overly broad, blocking dozens of provisions of the rule that were not challenged by the states. The solicitor general stated that most of the rule did not address gender identity, but rather clarified definitions of terms related to Title IX. Republican officials in Louisiana argued that the rule would have a significant impact on schools, teachers, and families, forcing compliance with regulations that allow male students in girls’ facilities and use of preferred pronouns. The Education Department’s Title IX overhaul comes as many Republican-led states have enacted laws aimed at transgender youth, including restrictions on treatments and participation in sports.
In addition to the Louisiana and Kentucky cases, there are other challenges to the Biden administration’s Title IX rule pending in lower courts. The Supreme Court is set to review the constitutionality of a Tennessee law restricting treatments for transgender minors in the fall. At least 11 states have laws barring transgender individuals from using facilities consistent with their gender identity in schools, and 25 states prohibit transgender girls from competing on female sports teams. The Supreme Court’s decision to uphold the block on enforcement of the rule in certain states reflects ongoing legal battles over protections for transgender students under Title IX.
