The U.S. Supreme Court on Friday denied the Biden administration's emergency request to reinstate parts of its updated Department of Education Title IX rule expanding the definition of "discrimination on the basis of sex" to include sexual orientation, gender identity, and pregnancy status.
The nation's highest court ruled 5-4—with conservative Justice Neil Gorsuch joining liberal colleagues Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in dissent—that the Biden administration "has not provided this court a sufficient basis to disturb the lower courts' interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule."
Republican attorneys general in more than two dozen states pushed courts to block the Biden administration's updated Title IX rule, which was set to take effect on August 1. The new rule has been on hold pending the outcome of litigation.
In her dissent, Sotomayor wrote: "A majority of this court leaves in place preliminary injunctions that bar the government from enforcing the entire rule—including provisions that bear no apparent relationship to respondents' alleged injuries. Those injunctions are overbroad."
While conservatives welcomed the ruling, LGBTQ+ advocates expressed disappointment.
"All young people deserve to show up to school and get an education without facing the threat of discrimination and bigotry. But five cruel justices on the Supreme Court just put countless LGBTQ+ students' health, safety, and lives in jeopardy," said Sarah Lipton-Lubet, president of the advocacy group Take Back the Court.
"The hateful right-wing movement with which these justices align themselves constantly invokes 'protecting children' as a false justification for their extremist agenda," Lipton-Lubet added. "But protecting children means keeping them safe from homophobic and transphobic violence; from gun violence; from attacks on equitable education; and from environmental destruction that threatens their futures. This court has failed them time and time again."
The Biden administration's effort to expand Title IX protections came amid a wave of anti-LGBTQ+ laws enacted in Republican-controlled states in recent years.
More than two dozen states have passed laws banning or restricting gender-affirming healthcare including puberty-blocking drugs, hormone therapy, and surgery for minors. At least 11 states have also passed laws banning transgender students from using school restrooms and other facilities consistent with their gender identity, and 25 states have banned transgender girls from competing on female scholastic sports teams.
Responding to Friday's decision, an Education Department spokesperson said that "while we do not agree with this ruling, the department stands by the final Title IX regulations released in April 2024, and we will continue to defend those rules in the expedited litigation in the lower courts."
Friday's ruling is not the last word on the Biden administration's Title IX rule, as the decision merely delays the issue pending further litigation that could ultimately be revisited by the Supreme Court in the future.
