The Supreme Court on Friday turned down a request from the Biden administration to enforce parts of a new federal rule meant to protect LGBTQ+ and pregnant students from discrimination in 10 states where the rule was put on hold by federal judges.
The court announced its decision in an unsigned order that drew a partial dissent from the court’s three liberals and conservative Justice Neil Gorsuch.
The Supreme Court’s order is the latest blow to the Biden administration, which has suffered a series of setbacks with federal courts blocking a rule that was intended to protect transgender students. Much of the rule remains blocked in about half of the nation.
The sweeping rule issued in April clarified that Title IX’s ban on “sex” discrimination in schools covers discrimination based on gender identity, sexual orientation and “pregnancy or related conditions.” Other provisions address protections for pregnant and postpartum students, including access to lactation spaces and prohibitions on retaliation. Compliance with Title IX, which was enacted in 1972, is required for schools that receive federal aid.
The Supreme Court’s order means that the entire new rule will remain on hold for now in Tennessee, Kentucky, Ohio, Indiana, Virginia, West Virginia, Louisiana, Mississippi, Montana and Idaho. The rule is also blocked in 16 states as part of other lawsuits.
This story is breaking and will be updated.
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