In a move that has sparked widespread controversy, the U.S. Supreme Court has blocked the Biden administration from enforcing a crucial part of a new rule aimed at protecting LGBT students from discrimination in schools and colleges across 10 Republican-led states. This decision comes as these states, including Tennessee and Louisiana, challenge the administration’s attempt to broaden protections under Title IX, a law originally designed to prevent sex discrimination in federally funded education programs.
The high court’s decision to deny the administration’s request leaves in place lower court rulings that have halted the implementation of the new rule, which was set to take effect on August 1. The blocked rule aimed to clarify that discrimination “on the basis of sex” includes sexual orientation and gender identity.
The Biden administration had sought the Supreme Court’s emergency intervention in two separate lawsuits: one brought by Louisiana, Mississippi, Montana, Idaho, and several Louisiana school boards; and another by Tennessee, Kentucky, Ohio, Indiana, Virginia, West Virginia, and a Christian educators’ association. These lawsuits argue that the rule would impose undue burdens on schools, such as allowing transgender students to use restrooms and locker rooms corresponding to their gender identities and requiring staff to use students’ preferred pronouns.
Supporters of the rule, including U.S. Assistant Secretary for Civil Rights Catherine Lhamon, have argued that it is a necessary measure to ensure that schools address all forms of sex discrimination effectively. Critics, however, such as Louisiana Attorney General Liz Murrill, have decried the rule as an overreach of federal authority, accusing the administration of pushing an “extreme gender ideology” that could compromise the safety of young women in educational settings.
As the legal battles continue, the Biden administration has emphasized that most aspects of the rule, which also include protections for pregnant students and guardians, do not relate to gender identity and should be allowed to proceed. However, the courts have allowed key provisions regarding restroom access and pronoun use to remain blocked while the appeals process unfolds.
This ruling is part of a broader legal conflict, with the Supreme Court recently agreeing to hear a separate case from Tennessee concerning a Republican-supported ban on gender-affirming medical care for transgender minors. This case is set to be heard in the court’s next term, beginning in October.
