The Biden administration’s efforts to protect transgender students from discrimination faced another setback on Wednesday as a federal appeals court blocked the new rules from taking effect in August.
A three-judge panel from the Sixth Circuit Court of Appeals upheld, in a 2-1 decision, a lower court ruling that halted President Joe Biden’s changes to Title IX, which sought to expand the anti-discrimination law to include sexual orientation and gender identity.
The judges argued that the Department of Education likely exceeded its authority in redefining “sex discrimination,” suggesting that Congress would need to approve such a change. They also stated that implementing the new rules before the school year starts would be challenging.
In 2021, the Biden administration unveiled the new rules, redefining “sex discrimination” to encompass “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” This was an extension of the landmark civil rights law that has prohibited sex-based discrimination in schools for over 50 years.
The rules were finalized in April and were set to take effect on August 1. However, multiple states challenged the changes.
Wednesday’s decision means that the new Title IX rules will not be implemented in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia before the school year begins.
This ruling is the latest obstacle for the Biden administration in its efforts to protect gay and transgender students from policies requiring them to use bathrooms or locker rooms, wear uniforms, or participate in sports teams based on their sex assigned at birth.
More than 24 states, many with conservative leadership, have enacted laws prohibiting students from joining sports teams consistent with their gender identity or using gender identity-consistent pronouns without parental consent.
“At a critical time, when trans youth are being used by politicians as a punching bag, the final rule issues an important reminder that schools cannot discriminate based on gender identity, transgender status, or sexual orientation,” said Louise Melling, deputy legal director of the ACLU, when the new Title IX changes were announced.
“All students have the right to an equal opportunity to learn in school without being discriminated against on the basis of sex or sex stereotypes,” Melling added.
Other states, including Louisiana, Mississippi, Montana, and Idaho, have also sought to block the new Title IX rules. Litigation in those cases is still pending.
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