Supreme Court Freezes Biden-Harris Transgender Regulation

The Supreme Court has temporarily blocked the pro-transgender rewrite of federal discrimination law by President Joe Biden’s deputies.

“For female students everywhere from preschool to graduate school [in 26 states] – today is a day for celebration,” said Sarah Parshall Perry, a legal expert at the Heritage Foundation.

The White House’s rewrite of the relevant regulation says a school’s refusal to accept a youth’s claim to transgender status would count as an illegal violation of the 1972 Title IX law against sexual discrimination.

The rewrite allows private law firms to sue and penalize schools where teachers and students refuse to redefine a boy as a girl once he declares he is “transgender.”

For example, the regulation would help outside lawyers sue a school that excludes boys from girls’ bathrooms, or that refuses to field a girls’ team against a team from another school that includes opposite-sex players.

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Sara Canals via Storyful

Vice President Kamala Harris is a supporter of the new regulation and has also championed many transgender activists, despite growing public opposition.

If elected, Kamala is expected to enthusiastically use the rewrite to sue schools and communities that prefer to recognize how the two biological sexes are legal, different, and complementary. Many communities also recognize that the transgender idea threatens youth’s health, mental stability, social support, and maturity because it dangles the claim that a new “gender identity” — and the associated cosmetic bodily changes — are a quick road to happiness and success.

President Donald Trump has repeatedly denounced the transgender ideology and has promised to ditch the rewrite.

GOP-aligned Attornies General sued to block the administration’s ambitious rewrite of federal law in the 26 states where lower-court judges have blocked part of the regulation.

Biden’s Department of Justice objected to the delay.

But all nine justices agreed to delay enforcement of the rewritten regulation, partly because judges in lower courts have disagreed over the legitimacy of the rewrite.

However, four of the nine Supreme Court justices also voted to allow less controversial non-transgender elements of the Biden regulation to continue in the 26 states. The four justices were overridden by the majority, which noted:

The new definition of sex discrimination [including “gender identity,”] is intertwined with and affects many other provisions of the new rule … At least at this preliminary stage … the allegedly unlawful provisions are not readily severable from the remaining provisions.

“In the Court’s view, the federal government could not demonstrate a likelihood of ultimate success on its arguments, ensuring that for the time being—and just before the start of a new school year—26 states will continue to receive relief from the Title rule while litigation proceeds,” Heritage’s Parshall Perry wrote.

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Savanna Deretich, Students for Life Action/LOCAL NEWS X /TMX

The court’s decision sends the lawsuits back to lower-court judges who have already drafted rival judgments. The Wall Street Journal reported:

“There are two sexes: Male and female,” a federal district judge in Covington, Ky., Danny Reeves, wrote in one such case, in a June decision blocking implementation of the regulations in Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.

While Title IX prohibited sex discrimination in “academic courses or programmatic offerings, scholarships, athletic opportunities, and other matters,” Reeves noted that the law allows certain activities traditionally segregated by sex to continue. Those include single-sex schools and dormitories, as well as fraternities and sororities, scouting groups, and organizations such as the YMCA and YWCA, he wrote.

The final decision by the Supreme Court is expected to be close, in part, because Trump-appointed libertarian Justice Neil Gorsuch has accepted the revolutionary claim in 2020 that a popular sexual discrimination law also covers people who claim to have an unverifiable, opposite-sex “gender identity.”

In the meantime, Democratic-run states — including Harris’ California — will be allowed to enforce the gender ideology on their students, parents, teachers, and support staff.

The case is Department of Education v. Tennessee, docket number 24A78, in the Supreme Court of the United States.