In a significant blow to the Biden administration’s efforts to expand protections for transgender students, the Supreme Court on Friday rejected a request to implement new regulations that would have barred sex discrimination in education, leaving in place temporary injunctions from lower courts. The decision halts the enforcement of rules designed to provide essential protections for transgender students, particularly in their ability to access facilities and participate in school activities aligned with their gender identity.
The Supreme Court’s decision came in a 5-4 vote, with a conservative majority deciding against lifting the injunctions. The ruling means that the updated Title IX regulations, which were set to take effect nationwide on August 1, 2024, will remain blocked in half of the country while litigation continues in lower courts. The decision has profound implications for transgender students, who continue to face significant challenges in schools across the United States.
A Divisive Ruling
The Supreme Court’s unsigned order stated that the Biden administration had not justified the need for the high court’s intervention at this stage. The majority argued that the new definition of sex discrimination, which includes gender identity, was “intertwined with and affects many other provisions of the new rule.” 26 states—primarily those with Republican governors—now have the protections blocked as a result of this decision.
The dissenting justices, including liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, along with conservative Justice Neil Gorsuch, argued that the majority should have allowed the other, uncontested parts of the regulations to go into effect. Justice Sotomayor, in her partial dissent, emphasized that many provisions of the rule, such as those governing pre-employment inquiries about an applicant’s marital status or sex and prohibiting pregnancy discrimination, were unrelated to the contested issues surrounding transgender students. She criticized the majority for blocking the entire rule, stating that it was overbroad and unjustified.
The Impact on Transgender Students
For transgender students, the Supreme Court’s ruling is a devastating setback. The blocked regulations were designed to provide much-needed clarity and protection under Title IX, a landmark law passed in 1972 to prohibit sex-based discrimination in educational programs that receive federal funding. The Biden administration’s update sought to ensure that these protections extended to transgender students, allowing them to use facilities consistent with their gender identity and protecting them from gender identity-based harassment.
The delay in implementing these protections leaves transgender students in a precarious position, particularly in states that have already enacted laws restricting their rights. Many Republican-led states have passed legislation barring transgender students from participating in sports teams that align with their gender identity, and the blocked regulations would have provided a counterbalance to these discriminatory laws.
Legal Challenges and Political Opposition
Republican-led states have been leading the legal challenges to the Biden administration’s regulations, with Tennessee Attorney General Jonathan Skrmetti playing a prominent role. Skrmetti and his counterparts in other states argue that the administration overstepped its authority by expanding the definition of sex discrimination to include gender identity. They contend that the new rules conflict with longstanding regulations that allow for sex-segregated facilities and activities, such as bathrooms, locker rooms, and sports teams.
In one such case, U.S. District Judge Danny Reeves of Kentucky blocked the implementation of the regulations in six states, arguing that the law allows for certain activities traditionally segregated by sex to continue. Judge Reeves stated that Title IX was intended to prevent discrimination against biological women in favor of biological men, a perspective that reflects the ongoing political and cultural battle over transgender rights in America.
The Biden administration, however, has argued that its approach is consistent with the Supreme Court’s 2020 decision in Bostock v. Clayton County, which extended civil rights protections to LGBTQ employees under the Civil Rights Act of 1964. In that decision, Justice Neil Gorsuch wrote that it is impossible to discriminate against someone for being transgender without discriminating against that individual based on sex. The administration contends that the same principle applies to educational settings, and that schools should not be allowed to discriminate against transgender students.
A Battle Far From Over
While the Supreme Court’s ruling represents a significant obstacle, the battle over transgender rights in education is far from over. The federal appeals court has set an expedited schedule to consider the case, and the legal fight could return to the Supreme Court in the future.
For now, the ruling creates a patchwork of protections for transgender students, with the new Title IX rules blocked in 26 states but still in effect in others. This inconsistency leaves many transgender students vulnerable to discrimination and harassment, particularly in states that have been aggressive in rolling back LGBTQ rights.
The Biden administration has vowed to continue defending its regulations in the courts, and advocates for transgender rights remain determined to see these protections implemented nationwide. The Education Department has stated that it stands by the final Title IX regulations and will continue to push for their enforcement.
The Human Toll
Beyond the legal and political battles, the Supreme Court’s decision has a profound human impact. For transgender students, the ruling is not just a setback in a legal fight but a denial of their right to exist and thrive in educational environments that should be safe and inclusive. The blocked regulations were designed to protect some of the most vulnerable students in our schools, ensuring that they can participate fully in school life without fear of discrimination or exclusion.
Transgender youth already face disproportionately high rates of bullying, harassment, and mental health challenges. Denying them access to facilities that align with their gender identity or the ability to participate in sports consistent with their gender can exacerbate these issues, leading to feelings of isolation and despair.
Cathryn Oakley, senior director of legal policy for the Human Rights Campaign, expressed deep disappointment with the Supreme Court’s decision. She highlighted the urgent need for protections that affirm the identities of transgender students, noting that the blocked regulations were crucial safeguards for young people who are already navigating a world that often denies their existence.
Moving Forward
As the legal challenges continue, it is essential to recognize the resilience of the transgender community and the importance of standing in solidarity with transgender students. Schools, educators, and allies must continue to advocate for policies and practices that create inclusive and affirming environments for all students, regardless of their gender identity.
The fight for transgender rights in education is part of a broader struggle for equality and justice. It is a fight that transcends political boundaries and speaks to the core values of dignity, respect, and the right to live authentically. While the Supreme Court’s ruling is a setback, it is not the end of the road. The ongoing litigation will determine the future of these protections, and the voices of transgender students, their families, and allies will continue to be heard in the halls of justice.
In the meantime, it is crucial for communities to come together to support transgender students, ensuring that they feel safe, valued, and affirmed in their identities. The road to equality is long, but with determination and solidarity, progress will continue to be made.
The Bottom Line
The Supreme Court’s decision to block the Biden administration’s new Title IX regulations is a significant setback for transgender rights, but it also highlights the ongoing legal and cultural battles surrounding this issue. While the ruling leaves many transgender students vulnerable to discrimination, the fight for their rights is far from over. As the legal process continues, it is essential to remain vigilant and supportive of transgender individuals, who deserve the same protections and opportunities as everyone else. The road ahead may be challenging, but the commitment to equality and justice for all must remain unwavering.
