Alliance Defending Freedom and defenders of women’s rights in education and athletics celebrated a significant victory on August 16, when the Supreme Court denied the Biden administration’s request to partially reinstate its controversial Title IX rule.
The case stems from a new rule issued by the Department of Education in April 2024 that amends the existing regulations implementing Title IX of the Education Amendments of 1972. As the Supreme Court decision explains, “The rule newly defined sex discrimination to ‘includ[e] discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.’”
The redefinition sparked immediate legal challenges from several states and other parties. They argued that the rule exceeded the bounds of the statutory text enacted by Congress. District Courts in Louisiana and Kentucky agreed with the plaintiffs and issued preliminary injunctions against the rule’s enforcement in the plaintiff states.
The Biden administration sought emergency relief from the Supreme Court, asking for partial stays of these injunctions. However, the Court denied the government’s applications, stating, “Importantly, all Members of the Court today accept that the plaintiffs were entitled to preliminary injunctive relief as to three provisions of the rule, including the central provision that newly defines sex discrimination to include discrimination on the basis of sexual orientation and gender identity.”
The ruling is a crucial win for Alliance Defending Freedom and the states and organizations it represents. Alliance Defending Freedom contends that the administration’s rule would undermine fairness for women, threaten student privacy and safety, and force schools to embrace controversial gender ideology.
What is Alliance Defending Freedom?
Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom Church & Ministry Alliance is a dedicated division of Alliance Defending Freedom that provides legal support to religious institutions. This branch focuses on protecting the fundamental rights of faith-based organizations, assisting them in freely practicing and expressing their beliefs without unjustified external constraints.
In the cases directly addressed by this Supreme Court decision, Alliance Defending Freedom represents a West Virginia high-school female athlete and Christian Educators Association International in Cardona v. State of Tennessee, and a Louisiana school board serving more than 20,000 students in U.S. Department of Education v. State of Louisiana. Additionally, Alliance Defending Freedom has obtained injunctions in three other related lawsuits challenging the administration’s rule.
ADF Vice President of Litigation Strategy and Center for Conscience Initiatives Jonathan Scruggs says the Biden-Harris administration’s redefinition of sex “turns back the clock on equal opportunity for women, undermines fairness, and threatens student safety and privacy.”
In a statement on Alliance Defending Freedom Media, Scruggs said, “The Supreme Court rightly affirmed the 5th and 6th Circuit decisions to restrain the administration’s illegal efforts to rewrite Title IX while these critical lawsuits continue. This administration is ignoring biological reality, science, and common sense. Female athletes, students, and teachers across the country are right to stand against the administration’s adoption of extreme gender ideology, which would have devastating consequences for students, teachers, administrators, and families.”
As the cases move forward, Alliance Defending Freedom remains committed to defending the biological reality of sex and protecting the rights of women and girls in education and athletics.
