(LibertySons.org) – In April, the Biden administration changed the previous administration’s Title IX rules — a law banning sexual discrimination in places that receive federal funding. The updated version expanded the measure to include protections for the LGBTQ+ community, parenting students, and pregnant students. Nearly half the states in the union pushed back against the changes.
On July 22, a month after a federal judge placed a temporary injunction against those changes, the Department of Justice (DOJ) turned to the Supreme Court. The department filed an emergency application, calling for the nation’s highest court to intervene, stating the pause on the new rule changes was “more burdensome” than necessary. The DOJ asked the High Court to limit the lower court’s preliminary injunction to 10 states and apply it only to adjustments related to gender identity.
US Solicitor General Elizabeth Prelogar explained that the nearly dozen states challenging the changes to Title IX have taken issue with only the gender identity portions, making the lower court’s temporary halt too expansive. So, the DOJ is asking SCOTUS to narrow the scope for those areas of the country. Prelongar said the district court “refused to tailor the injunction” to the parts of the rules pertaining to gender identity and, instead, “enjoined the entire Rule.”
After US District Judge Terry A. Doughty’s ruling in June, the matter was taken to the Sixth US Circuit Court of Appeals, which upheld the temporary block. The majority of the court’s judges stated they believed Doughty’s ruling was “concluded correctly.” They said the changes did “not neatly map onto other areas of discrimination.” However, the appeals court expects to hear the matter in October.
While the rule change is now blocked from going into effect in 15 states, the updates will take effect in the remaining states on August 1. It’s unclear whether SCOTUS will consider intervening.
~Here’s to Our Liberty!
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