The U.S. Supreme Court on Friday rejected the Biden administration’s request to partially lift two injunctions that prevent the Education Department from enforcing most of its new Title IX regulations. This ruling marks a significant setback for the administration’s efforts to expand protections for transgender students and leaves a complex and inconsistent application of Title IX policies across the country as the new school year begins.
Supreme Court’s Unusual Split Decision
In a 5-4 decision, the justices rejected the administration’s plea, stating that the Biden administration had “not provided this Court a sufficient basis to disturb the lower courts’” rulings. These lower courts found that the challenged provisions concerning gender identity and sex discrimination were closely linked with other parts of the rule, affecting the entire regulation.
The court’s ruling keeps in place a patchwork of Title IX policies across various states, complicating how schools must address issues related to gender identity, sexual orientation, and pregnancy status.
Dissent from Conservative and Liberal Justices
In an unusual alignment, Conservative Justice Neil Gorsuch joined the court’s three liberal justices in a partial dissent. The dissent, led by Justice Sonia Sotomayor, argued that the Supreme Court should have allowed the administration to implement most of the regulation, as the lower courts’ injunctions went beyond addressing the specific harms alleged.
Sotomayor emphasized that blocking the entire policy was unnecessary, particularly when most of the provisions were not even challenged by the respondents. She pointed out that one blocked provision includes schools’ obligations to provide accommodations for breastfeeding, which is unrelated to the gender identity issues at the heart of the dispute.
The Biden Administration’s Response and Next Steps
The Education Department defended its Title IX rule, which took effect earlier this month, stating its commitment to protecting students from discrimination based on gender identity, sexual orientation, and pregnancy status. Despite the Supreme Court’s ruling, the department expressed its intent to continue defending the regulations in expedited litigation in the lower courts.
Republican Opposition and Legal Challenges
The Biden administration has faced intense opposition from more than two dozen Republican attorneys general, who argue that the Title IX rule weakens protections for students accused of misconduct and undermines sex-separated programs and spaces, such as locker rooms. These states also contend that the rule conflicts with state laws that bar transgender students from participating in women’s sports.
The legal battle over the Biden administration’s Title IX regulation is far from over. Although the Supreme Court’s decision is not a final determination on the rule’s legality, the ongoing litigation could eventually bring the case back before the high court.
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