U.S. Supreme Court Upholds Lower Court’s Block On Biden’s Title IX Rule Changes For Tennessee, Other States

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The Tennessee Conservative Staff –

The Supreme Court was divided as they upheld orders from a lower court to halt further changes to Title IX that aimed to include gender identity to prohibitions on sexual discrimination. These changes include requiring schools to allow students to use bathrooms and locker rooms that align with their gender identity and not necessarily their biological sex.

An emergency request from the Biden administration argued that those court orders were too broad and that some of the changes should be allowed to go into effect as previously planned.

Tennessee, along with other red states, say the new rules cannot be put into place because it is too difficult to separate the varying parts of the rules.

Lawyers for the Alliance Defending Freedom, representing a school board in Louisiana in court last month, said, “Schools would have to work out how the Rule functions without its key provisions, amend their policies, and train their staff accordingly—all by next week—and then do it all again after judicial review.”

Five of the conservative Supreme Court justices agreed with the states, agreeing that Biden’s camp had not proven that the challenged components could be differentiated from the other portions of the rule.

Justice Neil Gorsuch, however, sided with the three liberal justices in dissent.

Justice Sonia Sotomayor, in the minority’s dissent, said the states did not explain why halting the entire rule is needed.

Tennessee Attorney General Jonathan Skrmetti released a statement saying, “I am grateful that the Supreme Court of the United States agreed that no part of the Biden administration’s Title IX rule should go into effect while the case proceeds. This is a win for student privacy, free speech, and the rule of law.”

If allowed to move forward, the changes would include additions to Title IX to cover LGBTQ+ students and pregnant students. It would also reverse previous procedures for handling sexual assault and harassment cases on campus.

Critics argue that Biden is trying to change federal laws by redefining “sex” to include “gender identity.”

But those pushing for these sweeping changes are not prepared to put it to rest, instead encouraging school districts to modify their nondiscrimination policies and allow students to use restrooms of their choosing that match their gender identity.

U.S. Department of Education spokesperson Vanessa Harmoush said, “we will continue to defend those rules in the expedited litigation in the lower courts.”

She continued, “We look forward to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience.”