Nov 22, 2024

Supreme Court Blocks Biden Administration’s Title IX Rule on Transgender Rights in Schools

by Lawrence J. Tjan | Jul 02, 2024
Students holding signs during a protest advocating for a new Title IX to ensure learning environments free from discrimination and harassment. Photo Source: Getty Images by Leigh Vogel via Wall Street Journal

The U.S. Supreme Court has dealt a setback to the Biden administration’s efforts to extend federal protections against discrimination to gay and transgender students. In a 6-3 ruling on Monday, the court temporarily blocked the implementation of new Title IX regulations in several states, creating widespread uncertainty for schools nationwide.

The ruling affects Kansas, Alaska, Utah, and Wyoming, among other states, putting the enforcement of the new rules on hold in a total of 14 states. The Biden administration’s revised Title IX regulations aimed to ensure that transgender students could use bathrooms and locker rooms matching their gender identity and mandated that school staff use preferred pronouns. However, the Supreme Court ruled that the Department of Education overstepped its authority by extending Title IX's antidiscrimination provisions to include sexual orientation and gender identity.

The new Title IX rule, set to take effect in August, was positioned to conflict with existing laws in numerous Republican-led states that require students to use facilities based on their birth sex. The rule’s implementation has been challenged by multiple lawsuits, reflecting a broader national debate over transgender rights in schools.

The majority of the justices concluded that the Department of Education exceeded its statutory authority. Chief Justice John Roberts wrote, “The department’s rule requires schools to prioritize the desires of transgender students over the privacy concerns of other students.”

Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented, emphasizing the court's duty to protect against discrimination. “This ruling undermines the core principles of equality and non-discrimination enshrined in our Constitution,” Sotomayor wrote.

The injunctions have left school administrators, students, and parents in a state of uncertainty regarding the application of federal law.

Education Secretary Miguel Cardona stated, “These regulations make it clear that everyone can access schools that are safe, welcoming, and that respect their rights.” Vanessa Harmoush, spokesperson for the Education Department, affirmed the administration's commitment to fighting for student protections despite the ruling.

Republican governors, such as Ron DeSantis of Florida and Greg Abbott of Texas, have vowed non-compliance with the federal rule. House Republicans have attempted to override the provisions through federal legislation, and numerous conservative legal groups have filed lawsuits challenging the rule.

The Supreme Court’s decision follows previous rulings that have limited the scope of federal regulatory power. The court's conservative majority has shown a pattern of skepticism towards expansive regulatory actions, often siding with arguments emphasizing states’ rights and limited federal overreach.

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Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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