SCOTUS Divided on Title IX Regulations

The U.S. Supreme Court has denied the Biden administration's emergency request to reinstate parts of its updated Title IX rule, which aimed to expand the definition of "discrimination on the basis of sex" to include sexual orientation, gender identity, and pregnancy status. The decision, ruled 5-4, saw conservative Justice Neil Gorsuch joining liberal justices in dissent, arguing that the administration failed to provide sufficient grounds to overturn lower court rulings that deemed certain provisions likely unlawful. The updated rule, initially set to take effect on August 1, remains on hold due to ongoing litigation. Republican attorneys general from over two dozen states have been instrumental in blocking the updated Title IX rule, which has drawn criticism from LGBTQ+ advocates. Justice Sonia Sotomayor, in her dissent, expressed concern that the majority's decision leaves in place broad injunctions that prevent the enforcement of the entire rule, including provisions unrelated to the plaintiffs' claims. Advocacy groups have condemned the ruling, asserting that it jeopardizes the health and safety of LGBTQ+ students. The Biden administration's push for expanded Title IX protections comes amid a surge of anti-LGBTQ+ legislation in Republican-led states, including bans on gender-affirming healthcare and restrictions on transgender students' rights. An Education Department spokesperson reaffirmed the administration's commitment to defending the Title IX regulations released in April 2024, despite the setback. The Supreme Court's ruling highlights ongoing divisions over LGBTQ+ rights and the interpretation of Title IX, with implications for future legal battles surrounding discrimination and educational equity.