The Department of Justice has escalated its defense of the Biden administration's modifications to Title IX by seeking Supreme Court intervention.
The appeal aims to lift constraints that currently block the rule's implementation in numerous Republican-led states, The Hill reported.
The Biden administration's revision of Title IX, undertaken by the Education Department in April 2024, extended protections to include sexual orientation and gender identity. This milestone attempt, however, has stumbled amidst rigorous opposition from Republican officials and subsequent legal challenges, necessitating federal intervention.
These challenges have led to judicial halts in 15 states where the revised rule is barred from taking effect due primarily to lawsuits initiated by conservative groups and states. Among the provisions contested are those concerning discrimination against transgender individuals.
Elizabeth Prelogar, U.S. Solicitor General, has expressed concern that the injunctions are too broad and should specifically target only the contested sections on gender identity. She advocates for a more nuanced legal approach rather than sweeping bans that affect non-disputed parts of the rule.
These injunctions also impact schools linked to advocacy groups like Moms for Liberty and Young America’s Foundation, blocking the enforcement of any part of the updated regulation.
The Department of Justice argues that this overreach prevents implementing parts of the rule not challenged in court, highlighting a gap between the legal challenges and the Title IX rule’s contested areas.
Elizabeth Prelogar previously highlighted a Supreme Court decision that underscored the necessity for restraint in judicial relief, stressing equitable remedies shouldn't overly burden defendants. "Just a few months ago, this Court granted a partial stay because a district court had entered a sweeping preliminary injunction that flouted the fundamental principle that equitable relief must not be 'more burdensome to the defendant than necessary to redress' the plaintiff’s injuries," she pointed out.
The Justice Department criticizes the lower courts for their disregard of nuanced judicial guidance from higher courts, warning of overreach in legal remedies. Elizabeth Prelogar emphasized the court's oversight, arguing, "The lower courts here ignored that warning and this Court's intervention is again needed."
The ongoing legal disputes highlight the contentious overlap between federal civil rights and educational policies and state governance preferences. As the Supreme Court deliberates, the implications for educational policy and state rights are significant.
In conclusion, the Department of Justice is working to refine the legal barriers against President Biden's Title IX rule. This effort underscores the growing divide over gender identity rights in education and the broader conflict between federal and state governance, signaling crucial shifts in civil rights protections under U.S. law.
