Biden Administration's New Title IX Rule Temporarily Blocked in Four States
A federal judge in Louisiana has temporarily blocked the Biden administration's new Title IX rule that expands protections for LGBTQ+ students in four states. The preliminary injunction was granted on Thursday by U.S. District Judge Terry A. Doughty, following a lawsuit filed by Louisiana, joined by Mississippi, Montana, and Idaho.
The new rule, aimed at expanding civil rights protections under Title IX to LGBTQ+ students, was set to be implemented in August. It broadens the definition of sexual harassment in schools and colleges and adds safeguards for victims. However, Judge Doughty ruled that the rule is an "abuse of power" and constitutes a "threat to democracy."
The Education Department defended the rule and is currently reviewing the judge's order. The rule had been lauded by civil rights advocates but met opposition from Republican-led states and other groups. Opponents argue that the changes undermine the original intent of Title IX, which was enacted in 1972 to prevent sex discrimination in education.
Judge Doughty, appointed by former President Donald Trump, is the first to block this rule amongst multiple lawsuits backed by over 20 Republican-led states. His ruling suggested that the rule violates free speech laws and questions the Biden administration's authority to extend Title IX protections to LGBTQ+ students.
The ruling also touches on the contentious issue of transgender students' participation in sports and the use of bathrooms and locker rooms. Several states with laws requiring the use of facilities based on sex assigned at birth see the rule as conflicting with their regulations.
The Biden administration had dismantled a Trump-era rule, set by former Education Secretary Betsy DeVos, which had narrowed the definition of sexual harassment and added protections for those accused of misconduct. DeVos praised the ruling on social media, calling it a victory against what she termed an "anti-woman radical rewrite of Title IX."
As the legal battle continues, judges in at least six other cases are deliberating similar holds on the new rule. The Defense of Freedom Institute, which supported the Louisiana lawsuit, anticipates more states will follow suit.