The divided US Supreme Court has refused to strengthen this law. Biden administrationin efforts to expand anti-discrimination protections Transgender students In schools across the country.
The justices allowed two lower court rulings to stand, temporarily blocking implementation of the Education Department’s new rule in 10 states. The rule, which is set to take effect Aug. 1 in some areas, is at the center of a complex legal battle.
Four justices — liberals Sonia Sotomore, Elena Kagan, Ketanji Brown Jackson and conservative Neil Gorsuch — dissented in part, advocating for the rule to be applied in 10 states. Bloomberg Report.
The dispute mainly revolves around provisions that allow students to use facilities consistent with their gender identity, as well as a second opportunity provision that states say could subject teachers to penalties for not using students’ preferred pronouns.
However, the Biden administration did not seek Supreme Court approval for these controversial measures. Instead, Solicitor General Elizabeth Prelogar requested that other less controversial parts of the rule be left in place while the legal battle continues.
Prelogar argued that federal trial judges in Kentucky and Louisiana issued overly broad orders that blocked the entire rule. Provisions the administration has sought to reinstate include recognizing gender identity Increase protections for pregnant and postpartum students under existing anti-discrimination laws.
States challenging the rule claim its provisions are interconnected and will lead to compliance costs and confusion when the school year begins. Louisiana and three other states argued that even implementing parts of the rule will require a lot of time and resources. Bloomberg Input.
The lawsuits include Tennessee, Kentucky, Indiana, Ohio, Virginia, West Virginia, Louisiana, Mississippi, Montana, and Idaho. So far, about 20 states have filed cases against the rule, while other challenges are still pending in lower courts. Even without these rulings, the rule remains fully in effect in some parts of the country.