Much-attacked final Title IX rule goes into effect while still blocked in 26 states
Republished from Kentucky Lantern
WASHINGTON — Though the Biden administration’s final rule for Title IX extending federal protections for LGBTQ students went into effect nationwide Thursday, a slew of legal challenges has temporarily blocked over half of all states from enforcing the updated regulations.
After the Department of Education released the final rule in April, 26 states — all with GOP attorneys general — rushed to challenge the measure. Given the myriad legal challenges, the updated regulations only went into effect Thursday in 24 states, the District of Columbia and Puerto Rico.
Kentucky attorney general leading GOP effort against new Title IX rules over gender
U.S. Secretary of Education Miguel Cardona and Catherine Lhamon, assistant secretary for the Department of Education’s Office for Civil Rights, celebrated the final rule on Thursday during a briefing.
Cardona said the updated regulations “are the culmination of a lengthy and thorough process that included unprecedented public input from students, parents, educators, administrators, experts and other stakeholders.”
“These regulations make crystal clear that everyone has the right to schools that respect their rights and offer safe, welcoming learning environments,” he added.
Lhamon said it’s “a very fluid legal environment” and the department continues “to defend the rule we believe in in these cases, with the Department of Justice as our counsel in the courts.”
“We anticipated this moment when we were finalizing the 2024 regulations, and we know they are legally sound,” she said, noting that the department has appealed the injunctions that have so far been issued and sought clarification of their application.
“While the appeals of these rulings are pending, we have asked the United States Supreme Court to allow the unchallenged provisions — which are the bulk of the final rule — to take effect in the enjoined states as scheduled,” Lhamon said.
But the Supreme Court has yet to decide on that emergency request, which came in a pair of filings from U.S. Solicitor General Elizabeth Prelogar last week.
Discrimination protection
The final rule “protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics,” per the department. The updated regulations are also aimed at “restoring and strengthening full protection from sexual violence and other sex-based harassment.”
The administration initially scored a legal win Tuesday when an Alabama federal judge rejected an attempt by Alabama, Florida, Georgia and South Carolina to halt enforcement of the final rule. But a federal appeals court granted the states’ request for an administrative injunction Wednesday, which temporarily blocked the final rule from taking effect in those Southern states.
Judge Jodi W. Dishman of the U.S. District Court for the Western District of Oklahoma also halted the final rule from taking effect in the state on Wednesday after the state individually sued the administration back in May.
The final rule is temporarily blocked in Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
Challenges affect more schools
But the challenges to Title IX span beyond the 26 states that initially sued the administration — affecting schools across the country.
Judge John Broomes of the U.S. District Court for the District of Kansas expanded the temporary blockage to also include “the schools attended by the members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the members of Moms for Liberty.”
These groups sued alongside Kansas, Alaska, Utah and Wyoming earlier this year.
House GOP tries to stop rule
Congressional Republicans have fiercely opposed the final rule.
In July, the GOP-controlled House passed a measure to reverse the updated regulations under the Congressional Review Act — a procedural tool Congress can use to overturn certain actions from federal agencies.
But the measure is unlikely to find success in the Democratic-controlled Senate, and President Joe Biden has vowed to veto the legislation should it land on his desk.
LGBTQ students
LGBTQ advocacy groups have pushed back against GOP-led efforts to block the final rule from taking effect.
“Every student in this country deserves access to an education without fear of bullying and discrimination,” Brandon Wolf, national press secretary for the LGBTQ advocacy group Human Rights Campaign, said in an emailed statement to States Newsroom.
“But MAGA politicians, promoting blatant discrimination, have fueled eight preliminary injunctions blocking enforcement of the Biden administration’s new Title IX rules in 26 states.”
Wolf added that “we must continue to fight for LGBTQ+ students across the country because everyone deserves a safe educational experience — full stop.”
Meanwhile, the department has yet to decide on a separate rule establishing new criteria regarding transgender athletes.
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