Biden administration loses bid to revive legal protections for LGBTQ
students
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[June 15, 2024]
By Daniel Wiessner
(Reuters) -A U.S. appeals court on Friday rejected a bid by President
Joe Biden's administration to revive its directive that schools allow
transgender students to use bathrooms and locker rooms and to join
sports teams that align with their gender, which has been blocked in 20
Republican-led states.
A panel of the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals
in a 2-1 ruling agreed with the states that the 2021 U.S. Department of
Education guidance improperly imposed new legal duties on public schools
that do not exist in federal law.
The 6th Circuit said the department had not followed the proper
procedures for making new rules and did not address whether a federal
law banning sex discrimination in education extends protections to LGBTQ
students.
The court affirmed a Tennessee federal judge's 2022 decision blocking
enforcement of the guidance against the 20 states, including the many
public universities they operate, pending the outcome of their lawsuit.
A Department of Education spokesperson in a statement said the agency
stands by the guidance.
"Every student deserves the right to feel safe in school," the
spokesperson said.
The office of Tennessee Attorney General Jonathan Skrmetti, a
Republican, did not respond to a request for comment.
An association of Christian schools and a female student-athlete from
Arkansas joined the states' challenge. Alliance Defending Freedom, a
conservative group that represents them, praised the ruling in a
statement.
"The Biden administration's radical push to redefine sex threatens the
equal opportunities that women and girls have enjoyed for 50 years,"
said Matt Bowman, a lawyer with the group.
On Tuesday, a federal judge in Texas blocked the guidance from being
enforced in that state, saying it improperly rewrote the
anti-discrimination law. The judge said the guidance "shockingly
transforms American education."
The guidance was a response to a landmark 2020 U.S. Supreme Court ruling
that said the federal law banning workplace sex bias extended
protections to LGBTQ workers. The Education Department said the same
logic applied under the education law, Title IX of the Education
Amendments of 1972, because the two laws use similar language.
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Hillsborough High School students protest a Republican-backed bill
dubbed the "Don't Say Gay" that would prohibit classroom discussion
of sexual orientation and gender identity, a measure Democrats
denounced as being anti-LGBTQ, in Tampa, Florida, U.S., March 3,
2022. REUTERS/Octavio Jones/File Photo
The department in April adopted formal, binding regulations
extending Title IX's protections to LGBTQ students, which are not
affected by Friday's ruling.
A federal judge in Louisiana on Thursday blocked the new rule from
being enforced in four Republican-led states, saying it subverts
Title IX's purpose of "protecting biological females from
discrimination."
In their lawsuit over the guidance, Tennessee and the other states
claim the department had no authority to extend the Supreme Court
ruling to Title IX.
The 6th Circuit on Friday rejected various procedural claims by the
Biden administration, including that the states led by Tennessee
could not show that the non-binding guidance documents would cause
them an injury.
The guidance exposes the states to lawsuits and the loss of federal
funding, which is enough to allow them to pursue the case, Circuit
Judge John Nalbandian wrote, joined by Circuit Judge Joan Larsen.
Both judges are appointees of Republican former President Donald
Trump.
Circuit Judge Danny Boggs in a dissenting opinion said the states
lacked standing to sue because the guidance documents were informal
"policy statements" that cannot be reviewed by courts. Boggs was
appointed by Republican former President Ronald Reagan.
(Reporting by Daniel Wiessner in Albany, New York; Editing by Alexia
Garamfalvi, Richard Chang, David Gregorio and Leslie Adler)
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