Unanimous: Supreme Court Justices Voice Opposition to Three Major Title IX Provisions

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Robert Thompson: 301-801-0608

Unanimous: Supreme Court Justices Voice Opposition to Three Major Title IX Provisions

WASHINGTON / August 22, 2024 – In a stunning move, all nine Supreme Court justices expressed their opposition to three key provisions in the new Title IX regulation (1). In its August 16 decision in support of the appellate court rulings to block enforcement of the new rule, the nine Justices expressed their unanimous disapproval of the new regulation’s plan to:

Redefine sex to include “gender identity.”
Allow transgender students to use the bathrooms and locker rooms designated for members of the opposite sex.
Create a new, overly broad definition of “hostile environment harassment” (the Title IX regulation brazenly seeks to negate the Supreme Court’s definition of “sexual harassment,” as delineated in its landmark Davis v. Monroe decision (2)).

The SCOTUS decision affirmatively states, “Every Member of the Court agrees respondents are entitled to interim relief as to three provisions of that Rule: 34 CFR §106.10 (2023) (defining sex discrimination), §106.31(a)(2) (prohibiting schools from preventing individuals from accessing certain sex-separated spaces consistent with their gender identity), and §106.2’s definition of hostile environment harassment.”

The opinion comes on the heels of a string of defeats for the Biden Administration’s effort to revamp the Title IX law, enacted in 1972 to ban sex discrimination in schools. Prior to the Supreme Court ruling, the Biden Administration had lost in 7 out of 8 district court decisions, and lost in 3 out of 3 appellate court opinions (3).

As a result, the Title IX policy has been blocked in the states of LA, MS, MT, ID, TN, KY, OH, IN, VA, WV, KS, AK, UT, WY, TX, AR, MO, OA, NE, ND, SD, AL, FL, GA, SC, and OK, as well as in thousands of schools in 45 states attended by children of Moms for Liberty members and by members of the Young America’s Foundation (4). As a result, the 2020 Title IX regulation still remains in effect for those states and schools.

In recent months, the tide has turned against Marxist-inspired transgender ideology. These developments include growing scientific skepticism, opposition in public opinion polls, state-level laws (5), and hostility expressed by political candidates (6).

In addition, SAVE recently established a Citizen Watchdog program to monitor school compliance with the recent judicial Title IX decisions (7).

The Supreme Court decision applies only to the preliminary injunctions against the Title IX regulations, so its August 16 ruling will not be the last word on the subject. But the unanimity of opposition to three key regulatory provisions lends credence to critics of the controversial policy.

In the words of commentator Aaron Flanigan, “Whether or not they realize it now, American parents are standing on the precipice of one of the most far-reaching, extremist, and dangerous transformations of the education system in American history.” (8)

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