The U.S. Supreme Court has left a new federal rule protecting LGBT students from discrimination in schools and colleges blocked in 26 states, following inaction on requests by President Joe Biden’s administration to expand its enforcement. The rule, which took effect on Thursday, remains unenforceable in these states due to ongoing legal challenges.
This rule, announced in April, aims to expand protections under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally funded education programs. While the Education Department can enforce the rule in 24 states, legal battles persist in others, primarily those governed by Republican-led administrations. The justices have yet to respond to requests to lift injunctions blocking the rule in 10 states, keeping the legal landscape complex and uncertain.
A spokesperson for the Education Department emphasized the importance of the final Title IX regulations, stating they were crafted to uphold the non-discrimination mandate. Despite the legal challenges, the department stands firm on its commitment to protect every student, including those from the LGBT community.
The administration’s request to the Supreme Court involves lawsuits from multiple states, including Louisiana, Mississippi, and Tennessee, which argue that the rule imposes requirements on schools that conflict with existing laws and norms. These states claim the rule forces schools to accommodate transgender students in restrooms and locker rooms according to their gender identity, raising safety and privacy concerns.
As litigation continues, the Supreme Court is also reviewing decisions by lower courts that have limited the rule’s application, citing that Title IX’s reference to sex pertains only to biological distinctions. This legal interpretation challenges the administration’s broader application of protections for LGBT students, aligning with the Supreme Court’s 2020 ruling on workplace discrimination under Title VII.
