In a surprising turn, conservative Justice Neil Gorsuch allied with the liberal bloc of the Supreme Court in a recent decision involving Title IX rules, Newsweek reported.
The high court upheld a lower court's injunction against new Title IX regulations intended to expand protections for gender identity and sexual orientation, with Gorsuch dissenting to partially lift the blockade.
The Biden administration introduced new Title IX rules on August 1, designed to reverse previous policies and broaden protections to include gender identity and sexual orientation. These regulations were set to replace those established under the Trump administration.
However, the implementation faced immediate legal challenges. A group of Republican-led states filed lawsuits against these regulations, which led to a temporary injunction in 26 states by federal courts, effectively blocking the new rules.
This legal battle escalated to the Supreme Court, which on a Friday decided not to lift the injunction while the appeals process was ongoing. This decision left the Biden administration's expanded protections in limbo.
Justice Neil Gorsuch, known for his conservative views, joined the Court's liberal justices in a dissenting opinion. Gorsuch argued that the injunction should be applied only to the provisions that were directly challenged, not to the entirety of the new rules.
This stance by Gorsuch is notable considering his historical perspective on similar issues. In 2021, he was part of a majority that affirmed protections for gender identity and sexual orientation under the Civil Rights Act of 1964, highlighting his sometimes progressive views on civil rights.
The majority's decision maintains a broad injunction that affects not only the disputed provisions but also other unrelated aspects of the Title IX rules.
Among the blocked provisions are several critical protections, as outlined by the Biden administration. These include measures against discrimination based on pregnancy and breastfeeding, accommodations for breastfeeding students, and rights for foster parents and authorized caregivers to represent minors.
Additionally, these rules provided safeguards against retaliation for those who file Title IX complaints, aiming to ensure a safer and more equitable educational environment.
Justice Sonia Sotomayor, aligning with Gorsuch, expressed her disagreement with the broad scope of the injunction, writing, "I would grant most of the Government's stay requests and leave enjoined only its enforcement of the three challenged provisions."
Responses to the Supreme Court's decision were mixed. A Department of Education spokesperson stated, "While we do not agree with this ruling, the Department stands by the final Title IX regulations released in April 2024, and we will continue to defend those rules in the expedited litigation in the lower courts."
On the other hand, Tennessee Attorney General Jonathan Skrmetti welcomed the decision, commenting, "I am grateful that the Supreme Court of the United States agreed that no part of the Biden administration's Title IX rule should go into effect while the case proceeds."
Advocates for LGBTQ+ rights expressed disappointment and concern. Ria Tabacco Mar from the ACLU criticized the decision, stating, "Attacking trans people does nothing to address the real problems women and girls face." Similarly, Cathryn Oakley from the Human Rights Campaign remarked, "It is disappointing that the Supreme Court has allowed far-right forces to stop the implementation of critical civil rights protections for youth."
