Supreme Court Made 'Huge Mess' With Title IX Ruling: Legal Analyst
Supreme Court's recent ruling on transgender rights in education is a giant mess that has left everyone confused, a legal analyst has said.Steve Vladeck, a law professor at Georgetown University in Washington, D.C, wrote that the court's ruling on a pair of emergency applicants raises more questions than it answers.The controversy involves the federal civil rights legislation, Title IX, which was introduced in 1972 to end discrimination against women in education.The Biden administration introduced a "final rule for Title IX," which would use those protections to end "sex stereotypes, sexual orientation, gender identity, and sex characteristics."It has been met with fierce opposition in many conservative states, where parents argue it will lead to transgender students in women's toilets and women's sports teams.In two lawsuits—Department of Education v.
Louisiana and Cardona v. Tennessee—lower federal courts temporarily blocked the entirety of the new rules while the cases play out in appeals court.The Supreme Court agreed to hear an emergency case from the Department of Education, which is seeking to lift those lower court emergency injunctions.In a 5-4 majority decision on Friday, the Supreme Court declined a Department of Education emergency request to reinstate portions of the new rules that are not related to gender identity and sexual orientation, with the majority writing that they were not given "a sufficient basis to disturb the lower courts' interim conclusions."Conservative Neil Gorsuch joined liberal Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson in dissent, arguing that the gender identity and sexual orientation rules should be paused during the appeals because they are related to alleged "injuries" suffered by the states, but the rest of the new rules should resume.Writing in his Supreme Court blog, One First, Vladeck explained that he wanted to focus on Friday's Department of Education v.
