Supreme Court temporarily rejects Biden administration request that would expand Title IX protections
The Supreme Court barred the Biden administration from enforcing parts of a major regulation on sex discrimination in education that is embroiled in litigation over its protections for transgender students.
WASHINGTON — The Supreme Court on Friday barred the Biden administration from enforcing parts of a major regulation on sex discrimination in education that is embroiled in litigation over its protections for transgender students.
The court rejected a request from the administration to allow less contentious parts of the regulation, many of which have nothing to do with gender identity, to go into effect in states where it has been challenged while lower courts wrangle over the contentious transgender issues.
“On this limited record and in its emergency applications, the Government 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,” read the Supreme Court’s opinion.
Solicitor General Elizabeth Prelogar had not asked the court to block lower court rulings that prevented the enforcement of provisions that would allow transgender students to use restrooms that correspond with their gender identity or could lead to affected people being required to use a transgender person’s preferred pronoun. Those requirements remain on hold in the affected states.
The Supreme Court action does not affect states that did not challenge the regulation, and they will remain covered by the rule.
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