CHRISTIAN POST/ Michael Gryboski-
The United States Supreme Court has refused to allow the Biden administration’s rules requiring Title IX antidiscrimination law to include gender identity and sexual orientation to take effect. The rules would have required schools receiving public funding to allow boys who identify as trans to enter girls’ bathrooms, locker rooms and athletics.
In a 5-4 decision late Friday, the high court denied an application for a partial stay in order to allow the Education Department rules to take effect, upholding multiple lower court decisions blocking enforcement of the new rule.
According to the majority opinion, “the burden is on the Government as applicant to show, among other things, a likelihood of success on its severability argument and that the equities favor a stay.”
“On this limited record and in its emergency applications, the Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule,” continued the opinion in the 12-page ruling.
“Nor has the Government adequately identified which particular provisions, if any, are sufficiently independent of the enjoined definitional provision and thus might be able to remain in effect.”
The opinion also concluded that “the Courts of Appeals will render their decisions” in the litigation surrounding the federal rule change “with appropriate dispatch.”
Justice Sonia Sotomayor authored a dissenting opinion, being joined by Justices Elena Kagan, Neil Gorsuch and Ketanji Brown Jackson, arguing that the lower court injunctions against the federal rule are “overbroad.” Continue reading…
