The order by a federal judge halts the Biden administration’s rule from taking effect in Idaho, Louisiana, Mississippi, and Montana.
A federal judge in Louisiana has temporarily blocked the Biden administration’s new Title IX rule, which sought to expand protections for LGBTQ+ students. In a preliminary injunction issued on Thursday, U.S. District Judge Terry A. Doughty ruled that the rule overstepped the Education Department’s authority, calling it an “abuse of power” and a “threat to democracy.” The injunction halts the rule in Louisiana, Mississippi, Montana, and Idaho, the states that challenged the policy.
The rule, which is set to go into effect in August 2024, aims to expand civil rights protections under Title IX to include LGBTQ+ students. It also broadens the definition of sexual harassment in schools and colleges and offers additional safeguards for victims. The Education Department defended the rule, stating that it stands by the regulations and is reviewing the judge’s decision.
This ruling is a significant setback for the Biden administration’s efforts to protect LGBTQ+ students. It is part of a larger legal battle, with more than 20 Republican-led states fighting the rule. Opponents argue that it undermines the original intent of Title IX, which was enacted in 1972 to prevent sex discrimination in education. The rule’s clash with state laws, particularly those restricting transgender students’ access to bathrooms and locker rooms that align with their gender identity, has been a major point of contention.
The Louisiana lawsuit, which triggered the judge’s decision, argued that the new rule would impose significant costs on schools in the affected states to update their facilities. Judge Doughty’s ruling also raised concerns about the rule’s potential violation of free speech laws by mandating that schools use pronouns requested by students. The judge also questioned whether the Biden administration had the legal authority to extend Title IX protections to LGBTQ+ students, arguing that when the law was enacted, “sex discrimination” referred only to discrimination based on biological sex.