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Supreme Court Refuses to Uphold Title IX Trans Harassment Guidance

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n August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule expanded the definition of sex-based discrimination under Title IX to protect gender identity and sexual orientation discrimination in federally funded schools. The entire court agreed three provisions should remain paused—the expanded definition of “sex discrimination,” the prohibition on preventing individuals from accessing bathrooms or other “sex-separated spaces” consistent with their gender identity, and the definition of “hostile environment harassment,” but the Court majority refused to allow the remaining

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