Supreme Court Halts Biden’s Expanded Title IX Rule

Estimated Time to Read: 4 minutes

In a recent and closely watched decision, the U.S. Supreme Court upheld lower court injunctions against the Biden administration’s expansion of Title IX protections, dealing a significant blow to efforts to include sexual orientation and gender identity under federal sex discrimination protections. The 5-4 decision maintains the status quo in 26 states, including Texas, where legal and political opposition to the new rule has been particularly strong.

Overview of the Title IX Rule

The Department of Education (DOE) introduced a new Title IX rule in April 2024, aimed at broadening the definition of sex discrimination to include sexual orientation, gender identity, and sex stereotypes. The rule also proposed enhanced protections for pregnant and postpartum students, and it included stricter measures against retaliation and updated procedures for handling grievances.

Several Republican-led states, including Texas, swiftly challenged the rule, arguing that the DOE had exceeded its authority and that the new regulations conflicted with state laws. These states filed lawsuits that led to preliminary injunctions issued by district courts in Kentucky and Louisiana, effectively blocking the rule from taking effect in those states.

The Supreme Court’s Decision

The Biden administration sought emergency relief from the Supreme Court, requesting that the injunctions be lifted to allow some parts of the rule to be implemented while legal proceedings continued. Specifically, the administration hoped to enforce provisions unrelated to gender identity, such as those protecting pregnant students and addressing retaliation.

In its ruling, the Supreme Court denied the administration’s request, with the majority agreeing that the provisions related to gender identity were too intertwined with the rest of the rule to be severed. This decision effectively halts the implementation of the entire Title IX rule in 26 states, maintaining a patchwork of different standards across the country.

Justice Sonia Sotomayor, writing for the dissenting minority, argued that the injunctions were overly broad and should have been limited to the contested provisions, allowing the rest of the rule to take effect. She emphasized that the decision leaves many students without necessary protections that are unrelated to gender identity issues.​

Texas and the Broader Impact

Texas, a state that has been at the forefront of opposing the Biden administration’s agenda in this regard, has seen significant implications from this ruling. Texas Attorney General Ken Paxton (R) has been particularly vocal against the DOE’s new Title IX rule, advising Texas schools not to implement the changes and reinforcing the state’s stance on maintaining traditional gender distinctions in educational settings. This ruling aligns with Texas’s broader strategy of resisting federal regulations that the state views as overreaching​.

The Supreme Court’s decision has been hailed by Texas lawmakers and influencers as a victory for states’ rights and a defense of traditional values.

“In a 5-4 decision, SCOTUS has struck down the Biden-Harris administration’s radical rewrite of Title IX! This ruling is a huge victory for common sense, protecting the integrity of women’s sports, and preserving the privacy of our daughters in bathrooms, locker rooms, and dorms.”

Texas State Rep. Cole Hefner (R-Mount Pleasant) Twitter/X post, 8.16.2024, @ColeHefnerTX

“Biden/Harris’ dangerous Title IX changes ruled unconstitutional! Good! But… Why do states let woke, unelected DC bureaucrats dictate education policy in the first place??? Time to ABOLISH THE DEPARTMENT OF EDUCATION.”

Texas State Rep. Brian Harrison (R-Midlothian) Twitter/X post, 8.16.2024, @brianeharrison

“States pushing back against federal overreach and winning! Protect women’s sports!”

Hillary Hickland, Republican Nominee for TX HD55 Twitter/X post 8.16.2024 @HicklandHillary

“BREAKING: In a 5-4 decision, SCOTUS has struck down the Biden-Harris administration’s rewrite of Title IX, which would have allowed men in women’s sports, bathrooms, locker rooms, dorms, and compelled speech. HUGE win. Onward!”

Riley Gaines Twitter/X post, 8.16.2024, @Riley_Gaines_

The ruling has significant implications for the political and legal landscape in Texas. It reinforces the state’s ability to challenge and block federal regulations that conflict with its laws and policies, particularly those related to education. The decision also reflects the broader national tension between federal authority and state sovereignty, particularly in conservative states like Texas that have resisted the Biden administration’s efforts to expand these protections.

As the legal battles continue, with further proceedings expected in the Fifth Circuit Court of Appeals, the future of Title IX protections remains uncertain. Texas will likely remain a central player in these disputes, influencing the national conversation on civil rights and federalism​.

Conclusion

The Supreme Court’s decision to block the Biden administration’s expanded Title IX rule has significant and immediate consequences for Texas, reinforcing the state’s stance on educational policies and gender issues. As the legal challenges proceed, the ruling underscores the ongoing clash between federal and state powers, with Texas at the forefront of resisting federal overreach in areas deemed crucial to its conservative agenda. The outcome of these battles will shape not only the implementation of Title IX but also the broader landscape in education across the United States​.

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