US judge halts Biden’s Title IX protections for LGBTQ+ students in certain states

A federal judge in Louisiana on Thursday halted the Biden administration’s enforcement of a new regulation safeguarding LGBTQ+ students from discrimination related to their gender identity in educational institutions in four states.

U.S. District Judge Terry Doughty in Monroe issued a preliminary injunction preventing a U.S. Department of Education regulation from expanding sex discrimination safeguards under Title IX to LGBTQ+ students in Louisiana, Mississippi, Montana, and Idaho.

The states contended that without this injunction, educational institutions would be obligated to allow transgender students to utilize facilities corresponding to their gender identities.

“Implementing the modifications in the definitive regulation would undermine the initial intent of Title IX: shielding biological females from bias,” Doughty, a nominee of Republican ex-President Donald Trump, stated.

This verdict marked the first instance of a judge impeding the regulation, which faced legal challenges in nine lawsuits brought by Republican-led states and conservative advocates who contend that it constitutes an illegitimate alteration by the Democratic president’s administration of a law designed to safeguard women from discrimination in education.

“This stands as a significant victory for women’s rights,” commented Montana Attorney General Austin Knudsen, a Republican, in a statement. “This choice will uphold the protection of young women and girls from risky situations, just as Title IX has accomplished for decades.”

A spokesperson for the Education Department stated that they are assessing the ruling but remain supportive of the regulation, which is scheduled to be enforced on August 1.

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When the regulation was unveiled in April, the department stated that it clarified that the proscription against sex-based discrimination in educational institutions receiving federal funding, as delineated in Title IX of the Education Amendments of 1972, additionally encompasses discrimination based on sexual orientation and gender identity.

The department referenced a 2020 ruling by the U.S. Supreme Court affirming that a ban against sex discrimination in the workplace, as defined in another law, Title VII, encompasses gay and transgender employees.

When evaluating Title IX, courts frequently resort to interpretations of Title VII as both laws prohibit discrimination based on sex.

Nevertheless, Doughty sided with the Republican state attorneys general of Louisiana, Mississippi, Montana, and Idaho, asserting that the regulation conflicted with the text, framework, and purpose of Title IX.

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Doughty contended that the rule would necessitate educational institutions to adhere to a student’s preferred pronouns and permit them to utilize facilities corresponding to their gender identity, an issue of political importance that the agency lacked the jurisdiction to tackle.

He additionally stated that it violated the U.S. Constitution’s Spending Clause by containing unclear provisions and infringing upon other constitutional aspects, including the First Amendment’s safeguards for freedom of speech and religion.