WASHINGTON – By a 5-4 vote, the Supreme Court of the United States today denied the Biden administration’s request to allow most of its Title IX rule to take effect in places where courts have issued preliminary injunctions temporarily blocking the rule. The court’s order makes explicit what was previously implied by the court’s failure to act ahead of the rule’s August 1 effective date. Today’s order means that the rule remains blocked in 26 states as well as some additional schools. The rule already went into effect on August 1 as planned in the rest of the country.
“These lawsuits are using attacks on trans kids as a way to roll back other rights for women and girls,” said Ria Tabacco Mar, director of the ACLU’s Women’s Rights Project. “Attacking trans people does nothing to address the real problems women and girls face. We’re disappointed the Supreme Court allowed these cruel and hypocritical tactics to succeed, even temporarily. We will continue to fight for all students to learn in safe and equal schools.”
“The new guidance from the Biden administration is crucial to clarifying the protections under Title IX for so many students, including transgender and and other LGBTQ students, pregnant and parenting students, and other students facing sex-based harassment, but even without it, students are not unprotected,” said Jennesa Calvo-Friedman, senior staff attorney for the ACLU’s Women’s Rights Project. “Despite what the Supreme Court did today, students can still bring private lawsuits against schools to vindicate their Title IX rights, including based on their gender identity or their pregnancy or parenting status, even in places where the rule is blocked.”
“Schools should be aware that sex-based discrimination, including harassment, is unlawful, and students can still hold schools accountable,” added Calvo-Friedman. “What’s more, schools do not have to wait for a mandate to adopt practices that welcome all kids. Trans-inclusive policies are still lawful, and schools can – and should – move forward with them.”
The ACLU’s comment on the Biden administration’s final Title IX rule can be found here. Originally published at https://www.aclu.org/press-releases/aclu-responds-to-supreme-court-decision-on-biden-administration-title-ix-rule
