08-28-2024
In April, the Biden Administration issued revised Title IX guidelines. For the first time, Title IX guidelines stated that discrimination based on sex included conduct related to a person's gender identity. The new rules directed schools to allow transgender students to use bathrooms and locker rooms consistent with their gender identity. Schools must respect trans students' pronouns. These additions align with the Supreme Court's decision in Bostock v. Clayton, which holds these protections exist under Title VII.
Most of the Biden Administration's Title IX regulations focus on guiding academic institutions on how to process and handle complaints of sexual assault and harassment. Federal courts in Louisiana and Kentucky issued preliminary injunctions that prevent any part of the Biden Administration's rules from going into effect in certain states. The Education Department objected and asked the Supreme Court to lift these injunctions, arguing they were overly broad and only a small portion of the provisions related to transgender issues. The Education Department intended for the provisions to stand alone.
By a 5-4 decision, the Supreme Court allowed the injunctions to stay in place. These states and the federal government will continue to fight these issues in lower courts. As of August 1, the Biden regulations have gone into effect in 24 states, the District of Columbia, and Puerto Rico. The Supreme Court has agreed to review a Tennessee case banning gender-affirming care for people under 18 in its upcoming term.