Biden’s Title IX Expansion for LGBTQ+ Students Temporarily Blocked in Four States

Following a federal judge's decision, the implementation of the Biden administration's new Title IX rule, which seeks to expand protections for LGBTQ+ students, has been temporarily halted in four states. U.S. District Judge Terry A. Doughty of Louisiana granted a preliminary injunction, deeming the rule an "abuse of power" and a "threat to democracy."

The injunction affects Louisiana, Mississippi, Montana, and Idaho, which joined the legal challenge against the rule. The judge's order has put a hold on the rule's enforcement in these states, pending further legal proceedings.

Education Department's Response

The Education Department, while expressing support for the rule, stated that it is currently reviewing the judge's order. It reaffirmed its commitment to upholding the final Title IX regulations, which were released in April 2024, and emphasized its dedication to advocating for the rights of every student.

The Louisiana case is just one of the several legal challenges mounted by more than 20 Republican-led states against the Biden administration's rule. These states have taken issue with the rule, which was slated to be implemented in August, contending that it expands civil rights protections for LGBTQ+ students, broadens the definition of sexual harassment in educational settings, and introduces additional safeguards for victims.

Implications and Concerns

Judge Doughty, an appointee of former President Donald Trump, expressed concerns about the potential financial burden the new rule could impose on schools in the affected states. He raised the issue of "invasion of state sovereignty" and suggested that the rule may infringe on free speech laws by mandating schools to use requested pronouns. Additionally, the judge questioned the legal authority of the Biden administration to extend Title IX protections to LGBTQ+ students, asserting that the term "sex discrimination" was originally limited to discrimination based on biological sex at the time of enactment.

Furthermore, the judge noted potential implications for athletic programs, pointing out the ambiguity in the scope of the rule and its possible application to sports activities. He expressed apprehension that the rule might compel schools to permit transgender women and girls to participate in female sports teams, a move that clashes with existing laws in several Republican-led states.

Additional Legal Proceedings

At least six other cases are currently under consideration regarding the enforcement of the Biden administration's rule. The Defense of Freedom Institute, a right-leaning nonprofit supporting the Louisiana lawsuit, welcomed Judge Doughty's decision, expressing confidence that other states and courts would follow suit in challenging the rule.

It's worth noting that President Joe Biden's administration issued this new rule subsequent to overturning a regulation established by former Education Secretary Betsy DeVos under the Trump administration. DeVos had implemented a rule that narrowed the definition of sexual harassment and provided additional protections for students facing allegations of sexual misconduct. Following the legal development, DeVos took to social media to laud the Louisiana judge's decision, characterizing the Biden administration's revisions to Title IX as "anti-woman radical rewrite" and questioning its legality.