Supreme Court Rejects Biden Administration’s Emergency Request on Transgender Protections
In a closely watched decision, the Supreme Court voted 5-4 on Friday to reject a Biden administration emergency request to enforce portions of a new rule that includes protections from discrimination for transgender students under Title IX. The ruling would have allowed biological men to use women’s bathrooms, locker rooms, and dorms in 10 states where there are existing rules in place to prevent it.
The 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. This marked the first time that the law explicitly stated that discrimination based on sex includes conduct related to a person’s gender identity.
However, more than two dozen Republican attorneys general challenged the rule, arguing that it would conflict with state laws that block transgender students from participating in women’s sports. The Biden administration maintained that the regulation did not address athletic eligibility, but critics argued that it would ultimately result in more biological men competing in women’s sports.
The court’s decision dealt a blow to the Biden administration’s efforts to protect transgender inclusion, with Justice Neil Gorsuch dissenting and agreeing with the three liberal justices that the lower court rulings were “overbroad.”
The ruling comes amid a growing debate over transgender participation in sports, with a group of 102 female athletes and 26 states petitioning the Supreme Court to take up a challenge over state laws that ban transgender women from competing against biological female athletes. The athletes argued that physical fitness tests demonstrate clear differences between men and women at every age.
The decision has sparked a range of reactions, with ESPN analyst Kirk Herbstreit expressing his belief that men do not belong in women’s sports, and OutKick host Riley Gaines celebrating the ruling as a win for women, free speech, the rule of law, and common sense.
As the debate over transgender rights in sports continues, the Supreme Court’s decision is likely to have far-reaching implications for future policies and regulations in this contentious area.
