Judge temporarily blocks expanded Title IX LGBTQ student protections in 4 states

The Biden administration new Title IX rule Expanding protections for LGBTQ+ students was temporarily blocked in four states after a federal judge in Louisiana found it exceeded the Department of Education’s authority.

In a preliminary injunction granted Thursday, U.S. District Judge Terry A. Doughty called the new rule an “abuse of power” and a “threat to democracy.” His order blocks the rule in Louisiana, which challenged the rule in April, and in Mississippi, Montana and Idaho, which joined the lawsuit.

The Department of Education did not immediately respond to the order.

The Louisiana case is among at least seven supported by more than 20 Republican-led states fighting the Biden administration. The rule, set to take effect in August, expands Title IX civil rights protections for LGBTQ+ students, expands the definition of sexual harassment in schools and colleges, and adds safeguards for victims.

Doughty, appointed by former President Donald Trump, is the first judge to block the rule. It deals a major blow to the new protections, which have been praised by civil rights advocates but have drawn backlash from opponents who say they undermine the spirit of Title IX, a 1972 law that bans sex discrimination in education.

Louisiana is among several Republican states with laws that require people to use bathrooms and locker rooms based on their sex assigned at birth, restricting transgender students from using facilities that align with their gender identity. President Biden’s administration conflicts with these laws and claims to replace them.

The Louisiana lawsuit argued that the new rule would force schools in the four states to pay millions of dollars to upgrade their facilities. In his ruling, the judge called it an “invasion of state sovereignty” and concluded that the states would likely succeed on the merits of the case.

His order says the rule likely violates free speech laws by requiring schools to use pronouns requested by students. It also questions whether the Biden administration has the legal authority to expand Title IX to LGBTQ+ students.

“The Court concludes that the term ‘sex discrimination’ included only discrimination against biological men and women at the time of enactment,” Doughty wrote in his order.

The judge expressed concern that the rule could require schools to allow transgender women and girls to compete on women’s sports teams. Several Republican states have laws banning transgender girls from competing on girls’ sports teams.

The Biden administration proposed a separate rule this would prohibit such blanket bans, but stated that the newly finalized rule does not apply to athletics. Still, Doughty said it could be interpreted as applying to sports.

“The Final Rule applies to sex discrimination in any educational ‘program’ or ‘activity’ that receives federal financial assistance,” he wrote. “The terms ‘program’ or ‘activity’ are not defined, but could include recipient school sports teams.”

Judges in at least six other cases are weighing whether to impose similar control on the Biden administration. The Defense of Freedom Institute, a right-wing nonprofit that supported the Louisiana lawsuit, applauded Doughty’s order.

“We are confident that other courts and states will soon follow suit,” said Bob Eitel, president of the nonprofit and Trump administration education official.

Biden issued the new rule after dismantling another created by Trump’s education secretary, Betsy DeVos. This rule narrowed the definition of sexual harassment and added protections for students accused of sexual misconduct.

On social media Thursday, DeVos called the Louisiana decision a victory, saying Biden’s “radical anti-woman rewrite of Title IX is not only crazy, but it’s also illegal.”