The U.S. Supreme Court voted 9-0 to uphold the preliminary injunctions that block the three provisions of the Biden administration’s new Title IX Final Rule. These provisions include the new definition of sex discrimination to include discrimination on the basis of sexual orientation and gender identity, sex-segregated spaces, and hostile environment harassment. 

However, Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Kenji Brown Jackson dissented in part stating that the injunctions should not have blocked the entire rewrite of Title IX. 

The High Court wrote, “The Government argues (and the dissent agrees) that those provisions should be severed and that the other provisions of the new rule should still be permitted to take effect in the interim period while the Government’s appeals of the preliminary injunctions are pending in the Courts of Appeals. The lower courts concluded otherwise because the new definition of sex discrimination is intertwined with and affects many other provisions of the new rule. Those courts therefore concluded, at least at this preliminary stage, that the allegedly unlawful provisions are not readily severable from the remaining provisions. The lower courts also pointed out the difficulty that schools would face in determining how to apply the rule for a temporary period with some provisions in effect and some enjoined.”

The Eleventh Circuit Court of Appeals became the seventh court in the nation to temporarily block the Biden administration’s unconstitutional rewrite of Title IX raising the tally to 26 states that do not have to enforce it. The Eleventh Circuit order blocked the Title IX changes in Florida, Alabama, Georgia, and South Carolina, joining injunctions from six district court judges that halt the changes across 22 other states. Even though the Title IX changes took effect August 1 everywhere else, they do not apply in the 26 states that challenged the rewrite. 

Title IX reformed education in 1972 to provide equal opportunities for men and women and to prevent sex discrimination. Biden’s new Title IX Final Rule infuses “gender identity” into the definition of “sex” and would apply sex discrimination protections to those who “identify” as the opposite gender. The rule would force women to share private spaces with gender-confused males while mandating the use of “preferred pronouns” in schools and colleges receiving federal dollars. The changes are meant to govern every K-12 school and higher education institution in the nation that accepts federal taxpayer funding. 

Altogether, the Title IX Final Rule is blocked in Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. 

Liberty Counsel Founder and Chairman Mat Staver said, “The Education Department wants to strip privacy, safety, and fairness away from females in schools as this administration tries to ignore reality, science, and common sense.  Now the High Court confirms the Title IX rewrite is contrary to the law. Males have no business entering females’ private spaces such as restrooms, locker rooms, and showers and participating on girls’ sports teams.”