SCOTUS Upholds Pause on Title IX Protections for Transgender Students

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Facts

  • The US Supreme Court (SCOTUS) on Friday issued an emergency order upholding rulings by lower courts in Louisiana and Kentucky permitting 26 states to temporarily pause enforcement of new Title IX rules related to transgender students implemented by the Biden administration.[1]
  • The rules, which were finalized by the Department of Education in April, recognize the protection of transgender students from discrimination, in addition to other provisions — which were not challenged by the states — related to pregnant and postpartum students and employees.[2]
  • SCOTUS voted 5-4, with conservative Justice Neil Gorsuch joining the liberal justices in dissent. In her dissent, liberal Justice Sonia Sotomayor wrote, 'provisions that bear no apparent relationship to respondents' alleged injuries' should be allowed to take effect while litigation over the rules continues.[3]
  • At issue are parts of the rules, which took effect Aug. 1, allowing biological men to use women's facilities — which 10 states have passed legislation to prevent. There are also questions over whether the new provisions permit men to participate in women's sports.[4]
  • The Biden administration has cited Bostock v. Clayton County, a 2020 SCOTUS ruling, which established gender identity and sexual orientation as being included in sex discrimination in employment. The government wants to apply the same parameters to Title IX.[5]

Sources: [1]Independent, [2]NBC, [3]Forbes, [4]FOX News and [5]Washington Post.

Narratives

  • Democratic narrative, as provided by PeopleFor.org. SCOTUS' tilt to the right continues with this decision upholding an overreaching injunction on a rule that is hurting many people from different walks of life aside from the obvious harm it's causing LGBTQ+ people. Steps must be taken to fill the federal bench with fair-minded justices who aren't as ideologically driven as those currently leading the SCOTUS majority.
  • Republican narrative, as provided by PJ Media. SCOTUS had to make this decision in order to block the idiocy of the Biden administration and its allies on the left. By maintaining the injunction, SCOTUS is saving women's sports from the infiltration of men who present both a physical danger to female athletes and hold an unfair advantage in competition. Hopefully, this injunction will become permanent.

Predictions