Supreme Court REJECTS Biden Administration’s Request to Enforce New Title IX Rules — But It’s Not Over

The U.S. Supreme Court on Friday rejected the Biden administration’s emergency motion to temporarily allow enforcement of new rules to Title IX. Federal appeals courts temporarily blocked enforcement of the rules.

The decision (PDF), based on lawsuits attorneys general filed in Louisiana and Tennessee, does not strike down the changes but merely halts enforcement while litigation continues.

The U.S. Department of Education in May issued final rules that redefine the word sex in Title IX to include sexual orientation and “gender identity.” Boys pretending to be girls will be allowed to use girls’ restrooms and locker rooms. Under the new rules, anyone who complains about their discomfort and lack of privacy could be penalized for sexual harassment.

Title IX of the Education Amendments, which became law in 1972, was created to guarantee equal opportunity for girls in schools and education programs that receive federal funds. Leftists have disregarded the clear language of the law and the intention of the U.S. Congress to deny girls equal opportunity, undermine their safety, and violate their privacy.

Justice Neil Gorsuch and the other two liberal justices joined Justice Sonia Sotomayor’s dissent. They believe that supposedly undisputed parts of the Biden administration’s changes should go into effect, calling the injunctions overbroad.

Alliance Defending Freedom (ADF) has obtained injunctions in three lawsuits against the administration’s changes to Title IX.

Jonathan Scruggs, ADF vice president of Litigation Strategy and Center for Conscience Initiatives, said the high court “affirmed the 5th and 6th Circuit decisions to restrain the administration’s illegal efforts to rewrite Title IX while these critical lawsuits continue.”

Those efforts definitely are illegal. It is up to Congress to expand the definition of the word “sex” in federal law. But Congress has not seen fit to do so, which is why the administration is forcing changes through executive action.

“Female athletes, students, and teachers across the country are right to stand against the administration’s adoption of extreme gender ideology, which would have devastating consequences for students, teachers, administrators, and families,” Scruggs said.

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