The decision concerned a Biden administration rule that sought to extend Title IX—a 1972 civil rights law that bars sex discrimination in education—to include expanded protections for LGBTQ+ students at federally funded educational institutions, including business schools.
The new rule sought to clarify that discrimination "on the basis of sex" encompasses sexual orientation and gender identity. It also raised a number of other provisions not directly addressing gender identity, such as promoting accountability and fairness, and empowering and supporting students and families.
The Supreme Court's 5-4 decision rejected President Joe Biden’s request to allow those parts of the rule that do not reference gender identity to go into effect in states where several lower courts are currently challenging the section of the expansion that focuses on transgender issues.
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In an unsigned order, the Court wrote: “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 Supreme Court decision came after several Republican-led states challenged the rule's expansion by the Department of Justice. Lower court decisions prevented the US Education Department from enforcing the new rule, which was meant to go into effect on August 1st.
After these decisions, the Biden administration asked the Supreme Court to intervene on an emergency basis in lawsuits filed by Louisiana, Mississippi, Montana, Idaho, and numerous Louisiana school boards, as well as by Tennessee, Kentucky, Ohio, Indiana, Virginia, West Virginia, and an association of Christian educators.
Alongside the 10 states that have sought legal action, more than 10 other Republican-led states also blocked the new policy.
Louisiana Attorney General Liz Murrill called the rule a federal overreach.
"This is all for a political agenda, ignoring significant safety concerns for young women students in preschools, elementary schools, middle schools, high schools, colleges, and universities across Louisiana and the entire country."
Speaking when the rule was announced, US assistant secretary for Civil Rights, Catherine Lhamon, said: "These final regulations clarify Title IX's requirement that schools promptly and effectively address all forms of sex discrimination."
"We look forward to working with schools, students, and families to prevent and eliminate sex discrimination."
