Department of Education v. Louisiana

Background

The federal education agency issued a new Title IX rule that for the first time defines sex discrimination to include sexual orientation and gender identity, and it also revised harassment and access rules for schools. Several State governments and school groups sued, and district judges in Louisiana and Kentucky issued preliminary court orders blocking the agency from enforcing the entire rule in those States. The government appealed and asked the Supreme Court to partially lift those orders while the appeals continue.

Reasoning

The core question was whether the Court should let some parts of the rule go into effect while the appeals proceed. All Justices agreed that plaintiffs were likely entitled to temporary relief as to three specific provisions: the new definition of sex discrimination (including sexual orientation and gender identity), a rule about access to sex-separated spaces, and the rule’s hostile-environment definition. The majority denied the government’s emergency requests because it concluded the government did not show the enjoined parts were clearly severable from the rest of the rule and did not justify upsetting the lower courts’ interim findings or the equitable balance.

Real world impact

As a result, the lower courts’ blocked enforcement remains in place in the plaintiff States for now, so schools there must follow existing law until the appeals are decided. The Sixth Circuit has expedited argument, so a ruling should come sooner rather than later. This decision is temporary and does not resolve the final legality of the rule; the appeals and further litigation will determine the long-term outcome.

Dissents or concurrances

A Justice in dissent would have narrowed the blocked parts to only the three disputed provisions and allowed the rest of the rule to take effect, arguing the broader injunctions were overbroad and needlessly deprived the public of other protections.