In a significant blow to LGBTQ+ rights, a federal judge in Louisiana has temporarily blocked the Biden administration from enforcing a new rule that bars schools and colleges receiving federal funding from discriminating against students based on their gender identity. In the Republican-led states of Louisiana, Mississippi, Montana, and Idaho, the preliminary injunction that U.S. District Judge Terry Doughty issued prevents the rule from going into effect.
Judge Doughty, an appointee of former President Donald Trump, ruled that the U.S. Department of Education (DOE) lacked the authority to redefine sex discrimination under Title IX to include gender identity and sexual orientation. Title IX, enacted in 1972, prohibits sex-based discrimination in federally funded education programs and activities. The DOE’s new rule aimed to clarify that this prohibition also covers discrimination based on sexual orientation and gender identity, aligning with a 2020 Supreme Court decision under Title VII that extended workplace protections to gay and transgender employees.
However, Doughty agreed with the attorneys general of Louisiana, Mississippi, Montana, and Idaho, who argued that Congress did not explicitly authorize the DOE to make such a change. In his ruling, Doughty stated, “Defendants do not have the authority to enact regulations which change the meaning of ‘sex discrimination’ to include gender identity, sexual orientation, sex stereotypes, or sex characteristics.”
Implications for Transgender Students
The ruling is a significant setback for transgender students in the affected states, who will not be protected from discrimination based on their gender identity in educational settings. This means that schools in Louisiana, Mississippi, Montana, and Idaho can legally deny transgender students access to bathrooms, locker rooms, and other facilities that align with their gender identity. Additionally, transgender students may face discrimination in admissions, sports participation, and other areas without the protections the DOE’s rule sought to enforce.
The Biden administration’s DOE has been vocal in its commitment to protecting all students from discrimination. A spokesperson for the department stated, “Title IX guarantees that no person experiences sex discrimination in a federally funded educational environment. The Department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student.”
A Larger Battle for LGBTQ+ Rights
This ruling is part of a broader pattern of conservative-led states and litigants challenging LGBTQ+ protections. Republican attorneys general and conservative organizations have filed at least seven lawsuits since the DOE issued its new rule in April 2024. These lawsuits argue that the DOE overstepped its authority and that the new rule contradicts the original intent of Title IX.
The Defense of Freedom Institute (DFI), founded by former Trump administration officials, is one of the key organizations backing these legal challenges. Bob Eitel, DFI co-founder and former senior counselor to Education Secretary Betsy DeVos, celebrated the ruling, stating, “The court has preliminarily enjoined the Education Department from enforcing these odious rules in the states of Louisiana, Mississippi, Montana, and Idaho. We are confident that other courts and states will soon follow.”
The Human Rights Campaign (HRC), the largest LGBTQ+ advocacy group in the United States, condemned the ruling. HRC President Kelley Robinson stated, “Today’s decision prioritizes anti-LGBTQ+ hate over the safety and well-being of students in the state. This is MAGA theatrics with the dangerous goal of weaving discrimination into law. HRC will continue to mobilize communities and work to make sure that all students are protected under law.”
The mention of “MAGA theatrics” emphasizes how the former president Trump’s Make America Great Again movement continues to have an impact on the laws and policies that affect LGBTQ+ rights. Trump’s administration rolled back numerous protections for LGBTQ+ individuals, and his influence continues to resonate in conservative circles.
Why This Matters for Transgender Rights
The preliminary injunction not only impacts transgender students in the four states but also sets a concerning precedent for future legal battles over LGBTQ+ rights. It underscores the fragility of protections for transgender individuals and the importance of continued advocacy and legal action to safeguard these rights.
For transgender athletes and students, this ruling is particularly disheartening. It reinforces the notion that their rights and identities are subject to political and legal whims, rather than being recognized and protected as fundamental human rights. The uncertainty and instability created by such rulings can have severe psychological and emotional effects on transgender individuals, who already face significant challenges in their daily lives.
As this legal battle continues, it is crucial for the transgender community and its allies to remain vigilant and proactive. The Biden administration has indicated that it will fight the ruling and continue to support protections for all students. However, the outcome of this and similar cases will likely shape the landscape of LGBTQ+ rights in the United States for years to come.
The upcoming 2024 presidential election will also play a pivotal role in determining the future of transgender rights. Former President Trump has publicly stated his intention to implement Project 2025, a set of policies that many fear would further roll back protections for LGBTQ+ individuals if he is re-elected. For those who care about transgender rights, this is a stark reminder of the importance of political engagement and voting.
The Bottom Line
The blocking of the DOE’s Title IX rule by Judge Terry Doughty is a significant setback for transgender rights in the United States. It highlights the ongoing legal and political battles over LGBTQ+ protections and underscores the importance of continued advocacy and vigilance. As the transgender community and its allies navigate these challenges, the fight for equality and recognition remains as crucial as ever. The future of transgender rights depends on the collective efforts of individuals, organizations, and policymakers committed to ensuring that every student, regardless of their gender identity or sexual orientation, is protected from discrimination.
