A federal judge has temporarily halted the implementation of the U.S. Department of Education’s (ED) new Title IX regulations in six states.
Finalized in April, the new regulations would expand protections to pregnant, queer, and transgender students and lower the standard of proof in sexual misconduct cases. The changes, part of the Biden administration’s Title IX update, were set to take effect in August.
In May, an Arkansas-led lawsuit contended that the ED’s new rules infringe on state authority and could compromise privacy in facilities like restrooms and locker rooms, with other states joining the suit.
On Wednesday, U.S. District Judge Rodney Sippel issued the injunction, blocking enforcement in Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota while legal challenges continue. With this ruling, the Title IX regulations are now blocked in 21 states when accounting for other legal challenges.
“The Department fails to consider evidence of the biological differences between men and women,” the 56-page ruling reads. “And [ED] downplays the grave compliance challenges with structuring school operations based on internal notions of gender identity.”
While LGBTQIA+ advocates have supported the changes to Title IX protections, conservative opponents argue that the regulations undermine privacy protections. In his ruling, Sippel noted that states have “fair chance that they will prevail” in their lawsuit.
Democratic Senator Zach Wahls from Iowa said the lawsuit is unnecessary, telling CBS 2 Iowa, “I’m very troubled… that this is what Republican politicians are focused on, and I think it’s a misrepresentation of the priorities Iowans say they care about.”
