U.S. Supreme Court Sides with Idaho; Rejects Biden-Harris Attempt to Reinstate Radical Anti-Women Title IX Rule

“This is a fundamental rejection of the radical agenda that has been pushed onto communities and schools across our country,” said Attorney General Raúl Labrador. “We fought back against the Biden-Harris administration’s illegal and unconscionable re-write of Title IX.  This is a huge win for Idaho girls, students’ privacy, and free speech.”

The 5-4 opinion, written by Justice Brett Kavanaugh, states, “Importantly, all Members of the Court today accept that the plaintiffs were entitled to preliminary injunctive relief as to three provisions of the rule, including the central provision that newly defines sex discrimination to include discrimination on the basis of sexual orientation and gender identity. But the Government argues (and the dissent agrees) that those provisions should be severed and that the other provisions of the new rule should still be permitted to take effect in the interim period while the Government’s appeals of the preliminary injunctions are pending in the Courts of Appeals. The lower courts concluded otherwise because the new definition of sex discrimination is intertwined with and affects many other provisions of the new rule.”

Even Justice Sotomayor emphasized in her dissent that, “every Member of the Court agrees” that Idaho is entitled to an injunction against the rule’s redefinition of sex discrimination to include gender identity.

This means that Idaho schools will not have to comply with the Biden-Harris administration’s demand that schools let boys into girls’ bathrooms and locker rooms as our children return to school.