In a split decision, the US Supreme Court has declined to bolster the Biden administration’s attempt to expand anti-discrimination protections for transgender students in schools nationwide. The justices opted to uphold two lower court rulings, effectively putting a temporary halt to the implementation of a new Education Department rule in 10 states. This rule, slated to take effect on August 1 in certain regions, has become the focal point of a complex legal battle.
The rule’s provisions have been met with considerable controversy, particularly those related to allowing students to utilize facilities aligned with their gender identities and requiring teachers to use students’ preferred pronouns. The Biden administration, however, did not seek Supreme Court approval for these contested measures. Instead, Solicitor General Elizabeth Prelogar requested that other, less contentious parts of the rule be reinstated while legal challenges proceed. Prelogar argued that federal trial judges in Kentucky and Louisiana had issued excessively broad orders that effectively blocked the entire rule.
The provisions the administration sought to reinstate include recognizing gender identity under existing anti-discrimination laws and enhancing protections for pregnant and postpartum students. The states challenging the rule argue that its provisions are interconnected and would lead to substantial compliance costs and confusion as the school year begins. Louisiana and three other states maintain that implementing even portions of the rule would require considerable time and resources.
The lawsuits target a total of ten states: Tennessee, Kentucky, Indiana, Ohio, Virginia, West Virginia, Louisiana, Mississippi, Montana, and Idaho. Currently, around 20 states have filed cases against the rule, with additional challenges still pending in lower courts. The rule remains fully in effect in areas of the country not subject to these rulings.
