Education Department’s Transgender Student Protection Rules Blocked – States Likely to Prevail: Judge

Baton Rouge, Louisiana – A federal court has put a temporary halt on the Education Department’s implementation of new regulations designed to protect transgender students in schools. The court found that opponents who filed a lawsuit against the regulations are likely to succeed in their challenge.

The rules issued by the Biden administration in April are based on Title IX, a law that prohibits sex-based discrimination in educational institutions. These regulations, set to take effect on August 1, will impact all K-12 schools, colleges, and universities that receive federal funding.

Among the key provisions of the regulations is the inclusion of discrimination based on gender identity and sexual orientation under the umbrella of sex-based discrimination. Schools would be required to allow transgender students to use facilities that align with their gender identity and to be addressed by their preferred pronouns.

Challenged in federal court by four states including Louisiana, Mississippi, Montana, and Idaho, a preliminary injunction has been issued specifically for these states. However, similar challenges are pending in other states, with this being the first ruling in any of the cases.

U.S. District Judge Terry A. Doughty, who issued the injunction, argued that the regulations undermine the original intent of Title IX by protecting “biological males” as if they were females. He criticized the Biden administration, calling the regulations an “abuse of power.”

Critics of the regulations have praised the court’s decision, emphasizing the potential implications for other pending challenges across the country. The Defense of Freedom Institute, serving as co-counsel to the states in the lawsuit, expressed confidence that other courts will follow suit.

The administration’s rules also address how schools must handle allegations of sex discrimination, including sexual assault. While the court found some standards to be overly broad, it was the provisions related to gender identity that were the primary focus of the injunction.

Spokesperson Vanessa Harmoush from the Education Department stated that they are reviewing the ruling but remain committed to the regulations. The Human Rights Campaign, advocating for LGBTQ+ rights, vowed to continue fighting for the protections outlined in the regulations.

Overall, the ruling reflects the ongoing legal battles surrounding the interpretation and implementation of Title IX in the context of gender identity and sexual orientation. The debate over how schools should address transgender students in various aspects, including athletics, continues to be a contentious issue.