Court Blocks New Gender Rules in Four States

A federal appeals court has issued a ruling that blocks the implementation of the federal government’s expanded Title IX protections based on “gender identity” in Alabama, Georgia, Florida, and South Carolina. This decision is seen as a victory for those who argue that the new regulations undermine protections for women, particularly by allowing biological males who identify as women access to women’s facilities. The court expressed skepticism about the legality of the Department of Education's (DOE) new definition of discrimination, suggesting it may exceed statutory authority. The revised Title IX rules were set to take effect on August 1, and schools that did not comply faced the risk of losing federal funding and potential lawsuits. The DOE defended the changes by referencing the U.S. Supreme Court's ruling in Bostock v. Clayton County, which expanded the definition of sex discrimination. However, the 11th Circuit Court rejected this argument, stating that the context of Title VII is not directly applicable to Title IX challenges. Additionally, the appeals court raised concerns that the new Title IX regulations could infringe upon First Amendment rights due to their broad definition of discrimination, which might restrict political advocacy and other protected speech. The court found that the plaintiffs would suffer irreparable harm if the rules were enforced, citing compliance costs and conflicts with state laws. In response to the ruling, Education Department officials stated they are reviewing the decision but reaffirmed their commitment to the revised Title IX regulations, emphasizing their role in protecting students from sex discrimination in federally funded educational settings.