Alabama Federal Judge Upholds Title IX Rule Shielding LGBTQ Students in Four States

A federal judge has struck down an attempt by Alabama, Florida, Georgia, and South Carolina to halt the enforcement of the Biden administration’s final rule for Title IX. This decision comes just before the rule is set to take effect nationwide on Thursday.

The updated regulations aim to extend federal discrimination protections to LGBTQ students. This initiative has faced significant opposition from GOP quarters ever since the Department of Education announced it in April.

The rule, although scheduled to be implemented on Thursday, is currently blocked in 22 states and continues to face legal challenges. Judge Annemarie Carney Axon of the U.S. District Court for the Northern District of Alabama wrote in her 122-page opinion that the plaintiffs have not demonstrated a substantial likelihood of success in proving the rulemaking was unreasonable or inadequately explained.

Axon, a Trump appointee, pointed out that the evidentiary record is sparse and the legal arguments presented are underdeveloped.

In late April, these Southern states, all represented by GOP attorneys general, filed a lawsuit in federal court in Alabama opposing the regulations. Several organizations, including the Independent Women’s Law Center and Parents Defending Education, joined the lawsuit. The plaintiffs quickly appealed Tuesday’s ruling to the U.S. Court of Appeals for the 11th Circuit.

Since the Department of Education released the final rule, a total of 26 states have joined lawsuits to block the regulations from taking effect. Multiple temporary injunctions have resulted in the rule being blocked in various states, such as Alaska, Indiana, and Missouri.

Judge Jodi W. Dishman of the U.S. District Court for the Western District of Oklahoma recently halted the rule in Oklahoma. The state had individually sued the administration back in May. Further complicating the issue, Judge John Broomes of the U.S. District Court for the District of Kansas extended a temporary block not just in Kansas but also to several other states.

Due to these legal challenges, the final rule is blocked in schools across the nation, including states that never challenged the regulations. Despite Axon’s ruling, the rule remains halted in K-12 schools and colleges in Alabama, Florida, Georgia, and South Carolina due to the Kansas decision.

The Department of Education has not yet responded to requests for comments on the issue.