The United States Supreme Court remained divided Friday on blocking changes to sex discrimination rules in American schools in 26 states.
New protections for transgender students under Title IX, as reported by USA Today, are under attack. President Joe Biden‘s administration argued the court orders were too sweeping in an emergency request. His administration requested that some updates take effect as scheduled on Aug. 1. GOP-led states and conservative groups who are challenging the rules say the components cannot be separated.
“Schools would have to work out how the Rule functions without its key provisions, amend their policies, and train their staff accordingly— all by next week — and then do it all again after judicial review,” lawyers for Alliance Defending Freedom, which represents a Louisiana school board, told the Supreme Court in July.
Justice Neil Gorsuch and the court’s three liberal judges dissented in Friday’s votes, while five conservative judges sided with states.
Justice Sonia Sotomayor maintains that the states failed to explain why blocking enforcement of the update was necessary. In April, Biden’s administration finalized changes including that Title IX protects LGBTQ+ students.
Protections for pregnant students are included in the updates and reverse Trump-era guidelines when it comes to sexual harassment and assaults on campuses. Previously, more rights were given to alleged perpetrators than victims of sexual assault and harassment.
“While we do not agree with this ruling, the Department stands by the final Title IX regulations,” Education Department spokesperson Vanessa Harmoush said Friday, “and we will continue to defend those rules in the expedited litigation in the lower courts.”
Colleges and K-12 schools that receive federal funding would have to enforce the rules, according to the 1972 civil rights law, which was originally intended to protect women from discrimination in education.
Conservative groups and 26 states challenged the changes. They argue that the Biden administration is attempting to redefine “sex” so that “gender identity” is included. The administration’s argument was that the courts’ injunctions should only apply to provisions that allow transgender students to use bathrooms that align with their gender identity and prohibit harassment based on gender identity.
“The rule adopts a controversial worldview about `gender identity,’ orders schools in every state to conform their policies to it, and threatens dissenters with the loss of billions in federal funding,” lawyers for Tennessee and other states said in a filing.
In the meantime, schools in some states must still abide by Trump-era rules while others operate under Biden regulations.
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Rebecca Barnabi
