U.S. Supreme Court Blocks the Biden/Harris Efforts to Change Title IX

On August 16, 2024, the Supreme Court of the United States (SCOTUS) struck down an attempt by the Biden/Harris administration that intended to make changes to Title IX. The vote was 5-4.

The Supreme Court agrees on three central Title IX provisions: 

1. It does not include Gender Identity.
2. It does not allow boys to violate the privacy of girls’ bathrooms.
3. It does not expand the term “harassment” to violate the First Amendment rights of parents, students, and teachers.

However, the dissent by four of the justices focused on whether the rest of the Biden Final Rule could still be implemented without these central tenets. The majority of five ruled they could not be implemented.

Full opinion here: 
‍https://www.supremecourt.gov/opinions/23pdf/24a78_f2ah.pdf

Washington State leaders Attorney General Bob Ferguson and OSPI Superintendent Chris Reykdal have been siding with this Title IX change for the past 8 years. They support state and school policies that force teachers, parents, and students to allow boys to enter girls’ private spaces.

Currently, Highline Schools, Greater Seattle Summer Swim League (GSSSL), and many “women’s only” spaces in Washington State already allow for males to freely enter female bathrooms and locker rooms.

• In Highline Schools, “Gender Inclusive” policy 3211/3211P  compels speech by requiring that school staff lie to parents if their child “identifies” as a different gender.
• At the Highline Schools, boys are allowed to participate in girls sports.
• In the Greater Seattle Summer Swim League (GSSSL), boys are allowed to go into girls’ locker rooms. 

In June 2024, after the Parental Notification (Initiative 2081) was passed into law, Superintendent Reykdal refused to recommend any changes to school policies that would require more transparency between teachers and parents.

As the courts continue to sort out the meaning of Title IX, this ruling by the SCOTUS is a vital step towards protecting fairness in sports, education, and personal safety. 

In the meantime, existing school policies on gender inclusivity are still in place, meaning that parents will still need to protect their children if they are concerned about boys in girls’ spaces. According to advocates at Courage is a Habit, parents will still need to be on high alert. They recommend starting with "opt out" forms that they offer on their website.

‍