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SCOTUS Title IX Ruling a ‘Huge Victory for Common Sense,’ ‘Equal Opportunities,’ and ‘Rule of Law’

August 20, 2024

Earlier this year, the Biden administration sought to alter Title IX by adding the words “gender identity” to the law, which means men who think they are women would be legally protected to enter girls’ private spaces. As The Washington Stand’s Ben Johnson asserted, the new rule “empowers” LGBT ideology and “erases women and justice.” This is why the fight against the rule taking effect came in full force within minutes of its announcement. It’s also why the recent Supreme Court ruling has being celebrated as a “huge victory” for protecting women.

Last Friday, SCOTUS “upheld two lower courts’ temporary injunctions blocking President Joe Biden’s rule applying federal civil rights law to transgender issues in education, including school bathrooms and women’s sports.” As a result, the rewrite is blocked in 10 states: Tennessee, Indiana, Ohio, West Virginia, Kentucky, Virginia, Louisiana, Mississippi, Montana, and Idaho.

“[W]e were very excited to see the Supreme Court make this ruling,” said Matt Sharp, senior counsel and director of the Center for Public Policy at Alliance Defending Freedom (ADF), on Monday’s episode of “Washington Watch.” The “dangerous rewriting of Title IX … undermines opportunities for women, impacts fairness in sports, and harms girls privacy and safety.” It’s no surprise to see that “22 states that have gotten injunctions against this.” Sharp added, “And to see the Supreme Court uphold and allow those injunctions to keep going into effect in these 10 states [is] a big win for women and people everywhere that are concerned about the radical gender ideology that’s being pushed by the Biden-Harris administration.”

As for the rest of the country, according to Sharp, states across the U.S. have been told “they were going to have to allow boys to go into girls’ locker rooms and restrooms,” but “these injunctions that are happening now, and that the Supreme Court let go into effect, are really the stopgap against that happening.”

The ruling is important for a number of reasons, he continued. First, “It’s making sure that as students are going back [to school], that you’re not going to have your daughter walk into a locker room to find a guy sitting there as she’s getting dressed for class, or that a young boy may not be forced to use an inaccurate name or pronoun.” Second, these rulings give “clarity” and “confidence to school officials in these 10 states and the numerous others that have lower-level injunctions that they don’t have to follow this unlawful Biden-Harris” rule change.

“That is so encouraging,” guest host and Family Research Council Action President Jody Hice stated. However, he pointed out that, even with a 5-4 ruling, there is an unsigned portion of the decision that could “indicate a lot.” He asked, “[I]s there anything we can read into the unsigned portion?” Sharp emphasized that while “there was a little bit of quibbling where we had that 5-4 split” on certain aspects of the rule change, “the real thing people need to take hold of is all nine justices said, ‘We’re going to allow these injunctions in these 10 states.’” Because ultimately, he contended, it’s “a huge victory when all nine justices recognize that the … injunction ought to be allowed.”

Sharp further argued that it’s a “huge victory for common sense, for women’s equal opportunities, and ultimately for the rule of law.” Additionally, Hice pointed out, it “does send a message to perhaps some future lawsuits.”

Now, Sharp explained, “These cases are still moving along,” with some “scheduled for an expedited argument here pretty soon.” But in relation to Friday’s ruling, “[T]he big takeaway from all of this is we’re seeing time and time again, as courts are looking at this, they’re ruling that the Biden-Harris administration’s rewrite of Title IX went far beyond the law, [and] that it doesn’t have the authority to override Congress.” And because of this, Sharp concluded, “[W]e’re hopeful we’re going to see more courts” fight against the rewrite, “and that, ultimately, the Supreme Court will agree and strike down this rule in its entirety.”

“[I]t seems like there’s so much bad news these days,” Hice sighed. But “to see so many cases like this where there are victories … brings great encouragement to all of us.”

Sarah Holliday is a reporter at The Washington Stand.