A new federal regulation came into effect on Thursday, which protects LGBT students from discrimination based on gender identity in schools and colleges. However, the regulation is still blocked in 26 states because the U.S. Supreme Court has not acted on the Biden administration’s request to expand its enforcement scope.
The litigation is ongoing, and judges have not yet acted on the government’s request to partially lift the lower court’s ban on the challenges to the rule posed by 10 Republican-led states.
The complex legal environment means that the U.S. Department of Education can enforce the regulation announced in April in 24 out of 50 states. This regulation expands the scope of protection under Title IX of the Education Amendments of 1972, which is a federal law prohibiting sex discrimination in federally funded education programs.
A spokesperson for the Department of Education stated that officials “have gone through a rigorous process to formulate the final Title IX regulation to achieve the non-discrimination provisions of Title IX. The department stands by the final Title IX regulation published in April 2024, and we will continue to fight for every student.”
The Biden administration had requested the Supreme Court to intervene in lawsuits filed by numerous school boards in Louisiana, Mississippi, Montana, Idaho, and Louisiana, as well as another lawsuit filed by Tennessee, Kentucky, Ohio, Indiana, Virginia, West Virginia, and a Christian educators’ association.
The government is trying to reinstate a key provision in these states, clarifying that “discrimination based on sex” includes sexual orientation and gender identity, as well as many other provisions in the rule that do not involve gender identity.