June 13, 2024
Court Rules Against Biden’s Title IX Guidance on LGBTQ Students
A federal district court in Texas invalidated President Biden’s 2021 guidance that interpreted Title IX’s prohibition against sex discrimination to bar discrimination on the basis of sexual orientation and gender identity. Given that an injunction had previously been issued against the guidance by another court, the ruling is unlikely to have an immediate impact.
The court based its ruling on two findings. First, the court determined that Title IX cannot be interpreted to encompass discrimination on the basis of sexual orientation or gender identity, leading the court to conclude that Department of Education exceeded its statutory authority when it issued the guidance. Second, the court found that the agency violated the procedural requirement for notice and comment rulemaking when it issued its interpretation in the form of guidance.
Notably, the scope of the court’s ruling is limited to the guidance issued by the Department in 2011 and does not affect the new Title IX rules going into effect on August 1. However, those regulations, which will reinstate the Biden Administration’s interpretation that Title IX protects LGBTQ students from discrimination, are also the subject of numerous legal challenges and may themselves be enjoined in the future.
The court based its ruling on two findings. First, the court determined that Title IX cannot be interpreted to encompass discrimination on the basis of sexual orientation or gender identity, leading the court to conclude that Department of Education exceeded its statutory authority when it issued the guidance. Second, the court found that the agency violated the procedural requirement for notice and comment rulemaking when it issued its interpretation in the form of guidance.
Notably, the scope of the court’s ruling is limited to the guidance issued by the Department in 2011 and does not affect the new Title IX rules going into effect on August 1. However, those regulations, which will reinstate the Biden Administration’s interpretation that Title IX protects LGBTQ students from discrimination, are also the subject of numerous legal challenges and may themselves be enjoined in the future.
For more information, please contact:
Jody Feder