Appeals court bans Title IX rule in four more states

A three-judge appeals court has reinstated a ban in four states on the Biden administration’s Title IX rule barring discrimination in schools and colleges based on an individual’s sexual and gender identity. Through a patchwork of lawsuits, Republican attorneys general have been successful in stopping enforcement of the rule in 26 states.

Alabama, Florida, Georgia, and South Carolina claimed victory last week after the 11th District U.S. Court of Appeals on Thursday granted injunctive relief in their case, State of Alabama, et al. v. U.S. Department of Education, et al.

“The rule represents a sea change to the regulations administering Title IX by, among other things, expanding the definition of discrimination on the “basis of sex” to include discrimination based on gender identity—as well as materially altering and expanding the scope of Title IX’s sexual-harassment-related regulations,” the unsigned document read.

The states had filed suit in federal court claiming the new rule violated state laws regarding the use of locker rooms and bathrooms in K-12 schools, and that provisions regarding the use of preferred pronouns are unconstitutional. They asked the court to stop enforcement of the rule while their case was heard.

Judge AnneMarie Carney Axon denied that request for an injunction finding the plaintiffs had failed to demonstrate irreparable harm would result from enforcement of the rule. Axon also wrote the plaintiffs failed to adequately demonstrate the new rule violated state law, and that the suit did not demonstrate a likelihood of success on the merits.

On Thursday, the appeals court disagreed, instead finding the states “demonstrated a substantial likelihood that the district court abused its discretion in denying” the injunction and that the plaintiffs had demonstrated a likelihood of success on the merits of the case.

The ruling is not a final decision on the merits of the case itself, however, and only means that the law cannot be enforced in the plaintiff states while the case is being argued in court. With Thursday’s decision, the new rule is now banned from implantation in 26 states. The rule went into effect in the other 24 states on August 1.

Title IX is part of the Education Amendments of 1972 amending the Civil Rights Act of 1964 to ban sex discrimination in any educational program that receives federal funds. It was signed into law by then-President Richard Nixon. The rules apply to K-12 schools as well as colleges and universities.