Federal Appeals Court Blocks New Title IX Rules Protecting Transgender Students

The Biden administration’s effort to protect transgender students faced another setback on Wednesday when a federal appeals court blocked new rules from taking effect in August.

A three-judge panel from the Sixth Circuit Court of Appeals ruled 2-1 to uphold a lower court’s decision that paused President Biden’s changes to Title IX. These changes were intended to include sexual orientation and gender identity in anti-discrimination protections.

The judges argued that the Department of Education may have overstepped its authority by redefining “sex discrimination,” suggesting that Congress would need to approve such changes. They also noted that implementing these rules before the school year starts would be challenging.

In 2021, the administration introduced new rules redefining “sex discrimination” to cover “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” This was an extension of the civil rights law that has prevented sex-based discrimination in schools for over 50 years.

The rules were finalized in April and set to start on August 1, but several states sought to block them. Wednesday’s decision means the new Title IX rules will not apply in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia before the school year begins.

This ruling is another obstacle for the Biden administration’s efforts to protect gay and transgender students from policies that restrict their bathroom use, uniforms, or participation in sports based on their gender identity.

More than 24 states, many with conservative leadership, have enacted laws banning students from participating in sports or using pronouns consistent with their gender identity without parental consent.

Louise Melling, deputy legal director of the ACLU, stated that the new rules were crucial to ensuring schools do not discriminate based on gender identity, transgender status, or sexual orientation.

Other states, including Louisiana, Mississippi, Montana, and Idaho, are also challenging the new Title IX rules, with ongoing litigation in those cases.

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