Gorsuch Joins Liberal Justices in Title IX Dissent

 August 17, 2024

Conservative U.S. Supreme Court Justice Neil Gorsuch recently aligned with the court's liberal justices, marking a notable dissent in a major judicial decision.

According to Newsweek, the Supreme Court ruled against reinstating new Title IX regulations aimed at protecting gender identity and sexual orientation, which had been blocked by litigation in 26 states.

In 2021, President Joe Biden sought to reverse the previous administration's stance by signing an executive order that expanded Title IX protections.

These modifications, implemented by the Department of Education, included new guidelines on sex-based discrimination, extending safeguards to pregnant and breastfeeding students, while also facilitating legal representation for minors by foster parents and caregivers.

However, numerous Republican-led states challenged these updated regulations, prompting federal courts to temporarily halt their implementation. The Supreme Court's recent 5-4 decision sustains that halt, underscoring ongoing national debates over educational policies and civil rights.

Despite the ruling, Justice Gorsuch broke from the majority, suggesting that certain aspects of the Biden administration's regulations not directly tied to gender identity and sexual orientation should proceed.

Gorsuch Advocates for Limited Enforcement of Title IX Rules

Justice Sonia Sotomayor, in her dissent, criticized the lower courts for overstepping their bounds, impacting policies designed to protect students. "I would grant most of the Government's stay requests and leave enjoined only its enforcement of the three challenged provisions," she stated. This perspective highlights the contentious nature of the new Title IX rules and underscores a divide within the judicial system regarding their scope and implementation.

The Department of Education expressed its commitment to uphold the 2024 regulations. "While we do not agree with this ruling, the Department stands by the final Title IX regulations released in April 2024, and we will continue to defend those rules in the expedited litigation in the lower courts," a spokesperson for the DOE remarked.

The disparity in application across states creates a complex educational landscape. Schools in the 24 states not affected by the injunction must still comply with the new guidelines, as per the DOE's expectations.

Diverse Reactions from Advocates and Opponents

Tennessee Attorney General Jonathan Skrmetti expressed satisfaction with the Supreme Court's decision, emphasizing its temporary nature pending further review. "I am grateful that the Supreme Court of the United States agreed that no part of the Biden administration's Title IX rule should go into effect while the case proceeds," he noted.

Opponents of the blocking argue it targets vulnerable communities. Ria Tabacco Mar from the ACLU pointed out, "Attacking trans people does nothing to address the real problems women and girls face." This sentiment is echoed by Cathryn Oakley from the Human Rights Campaign, who conveyed disappointment over the obstructed civil rights protections, particularly for young individuals.

As the case continues to evolve, both sides remain steadfast in their positions, indicating a protracted legal battle ahead. The long-term impact on students across the United States hangs in the balance as educational institutions, policymakers, and civil rights advocates watch closely.

This decision highlights ongoing tensions in American politics and law regarding gender, education, and rights protection, encapsulating a significant moment in the broader dialogue about equality and justice in the United States educational system.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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