Supreme Court Preserves Injunctions on Title IX Rule in 26 States

The United States Supreme Court denied a request by the United States Department of  Education for partial stays on preliminary injunctions against new Department of Education rules under Title IX, which expanded the definition of sex discrimination to include sexual orientation, gender identity, and related issues.

District Courts in Louisiana and Kentucky had previously blocked the rule in certain states, and the Fifth and Sixth Circuit Courts declined to stay these injunctions. The Department then filed emergency applications in the Supreme Court seeking partial stays of the preliminary injunctions pending resolution of the appeals in the Fifth and Sixth Circuits

The Supreme Court declined to stay the injunctions, finding that the provisions challenged by the plaintiffs, such as those involving gender identity, were intertwined with the rest of the Title IX rules and not easily severable.

Dissenting justices argued that the injunctions were overly broad, preventing enforcement of unrelated parts of the rule, and that the relief should be more narrowly tailored.

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