Biden Administration Faces Setback As US Supreme Court Blocks Key Part Of Gender Identity Rule

The United States Supreme Court on Friday (16 August) rejected President Joe Biden's administration's attempt to enforce a key provision of a new rule aimed at protecting students from gender-based discrimination in educational institutions.

The justices refused the Biden administration's plea to partially overturn lower court injunctions that had halted the implementation of the entire rule, which broadens protections under Title IX—a law prohibiting sex discrimination in federally funded educational programmes.

The administration aimed to reinstate a crucial provision that clarified discrimination "on the basis of sex" to include sexual orientation and gender identity, along with other provisions unrelated to gender identity.

The Biden administration had sought the Supreme Court's emergency intervention in lawsuits brought by Louisiana, Mississippi, Montana, Idaho, several Louisiana school boards, as well as another lawsuit filed by Tennessee, Kentucky, Ohio, Indiana, Virginia, West Virginia, and a Christian educators' association.

The states had contended that the rule would mandate schools to permit transgender students to use restrooms and locker rooms aligned with their gender identities, and compel faculty to address transgender students using their preferred pronouns.

These lawsuits are part of a broader effort that has successfully blocked the rule in 22 states, most of which are under Republican leadership.

They argue that the Biden administration is improperly rewriting a law, originally enacted over 50 years ago, to protect women from discrimination in educational settings.

Issued in April, the comprehensive rule clarified that Title IX's prohibition on "sex" discrimination in educational institutions encompasses discrimination based on gender identity, sexual orientation, and "pregnancy or related conditions."

The rule came into effect on 1 August, marking the first time the law explicitly included conduct related to a person’s gender identity under its protections.

The Supreme Court's decision on Friday dealt a setback to the Biden administration's continuing efforts to promote transgender inclusion.

"On this limited record and in its emergency applications, the Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule," the US Supreme Court’s unsigned order states.

Conservative Justice Neil Gorsuch dissented, aligning with the three liberal justices and the Biden administration in asserting that the lower court rulings were "overbroad."

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