WASHINGTON – A federal judge in Louisiana has temporarily blocked the Biden administration’s new Title IX rule, which aimed to expand protections for LGBTQ+ students. Judge Terry A. Doughty granted a preliminary injunction, calling the rule an “abuse of power” and a “threat to democracy.” This ruling affects Louisiana, Mississippi, Montana, and Idaho, all of which challenged the rule in court.
The Education Department, however, has defended the rule, stating that it stands by the final Title IX regulations released in April 2024. The rule, set to take effect in August, not only expands civil rights protections to LGBTQ+ students but also broadens the definition of sexual harassment in educational settings. It also adds safeguards for victims of such misconduct.
Several Republican-led states, including Louisiana, have raised concerns about the new rule, with more than 20 states backing at least seven lawsuits against it. Critics argue that the rule undermines the spirit of Title IX, a landmark law from 1972 that prohibits sex discrimination in education.
In his decision, Judge Doughty expressed concerns about the financial burden the new rule would place on schools in the four states. He also questioned the Biden administration’s legal authority to extend Title IX protections to LGBTQ+ students, suggesting that the term “sex discrimination” originally referred only to discrimination based on biological sex.
The debate over the new rule also touches on the issue of transgender students participating in sports. While the rule itself does not address athletics, the judge raised concerns about its potential impact on sports teams. This issue has become particularly contentious in states that have enacted laws restricting transgender athletes’ participation on teams that align with their gender identity.
As judges in several other cases weigh similar challenges to the rule, the Defense of Freedom Institute, a right-leaning nonprofit, has praised Judge Doughty’s decision in Louisiana. The organization expressed confidence that other courts and states will follow suit.
The Biden administration issued the new rule as a replacement for a policy put in place by former Education Secretary Betsy DeVos under the Trump administration. Despite the legal challenges, President Biden remains committed to upholding protections for LGBTQ+ students under Title IX.