The Supreme Court has placed new regulations about gender identity in education on hold in approximately half of the country, despite a request from the Biden administration to uphold the rules.
The regulations pertain to protections for pregnant students, students who are parents, and the methods schools must employ when handling sexual misconduct complaints.
The big picture: While the request did not include the most significant regulations concerning transgender students, these regulations also remain blocked in 25 states and numerous colleges and schools due to lower court orders.
- The rules took effect in other U.S. schools and colleges on August 1, but the cases will proceed in the courts where they remain blocked.
- Conservative Justice Neil Gorsuch joined the court’s three liberal justices in dissent.
Driving the news: Transgender rights have become a contentious issue, with states banning gender-affirming health care for transgender minors and adopting policies restricting bathroom usage and participation in sports competitions for trans individuals.
- In April, the Biden administration proposed a regulation to protect the rights of LGBTQ+ students under Title IX, specifying that it is unlawful to treat transgender students differently from their peers, including with respect to bathroom access, although it does not directly address sports participation.
- Title IX enforcement remains uncertain, with federal courts ruling that the regulation cannot be enforced in most Republican states that have filed lawsuits against it.
