US Seeks Supreme Court Intervention on Transgender Student Protections
Biden Administration Challenges Lower Court Rulings
The Biden administration has requested the US Supreme Court to intervene and restrict the comprehensive orders from lower courts that have halted the extension of anti-sex discrimination protections in education to transgender students.
Solicitor General’s Emergency Appeal
On Monday, US Solicitor General Elizabeth Prelogar filed emergency requests asking the justices to partially stay decisions from federal district courts in the Western District of Louisiana and the Eastern District of Kentucky.
Scope of the Injunctions
Prelogar argued that the injunctions should only apply to the two specific provisions contested by the states and individual plaintiffs.
“The only provisions that should remain blocked,” Prelogar stated, “are those that prevent schools from allowing transgender students to use bathrooms or facilities that align with their gender identity and define hostile-environment sex-based harassment to include gender identity harassment.”
Read also : N.H. Governor Enacts Bills Limiting Trans Health Care and Sports Participation
District Courts’ Overreach
According to Prelogar, the district courts overstepped by extending their injunctions to the provision recognizing that Title IX prohibits gender identity discrimination and by blocking unchallenged provisions of the rule.
Provisions to Take Effect
The administration insists that other parts of the rule, such as those clarifying definitions in Title IX regulations and amending administrative requirements, should be implemented.
Background on Title IX
Title IX, a federal civil rights law enacted in 1972, aims to eliminate sex-based discrimination in educational programs and activities.
The cases are US Dep’t of Education v. Louisiana, U.S., No. 24A78, 7/22/24 and Cardona v. Tennessee, U.S., No. 24A79, 7/22/24.
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