Rep. Marjorie Taylor Greene (R-GA) appears to have thought she was celebrating the Supreme Court rejecting protections for transgender students when the Court was actually rejecting protections for pregnant and parenting students.
“Great victory for girls and women!!” she wrote on X about the ruling against protections primarily for cis girls and women.
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At issue is last Friday’s Supreme Court ruling to reject an appeal from the Biden administration to keep the non-LGBTQ+ parts of new Title IX rules issued this year in place while lawsuits about the LGBTQ+ parts work their way through the court system.
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That is, the entire story could be summarized as an example of how transphobia and homophobia backfired to hurt straight and cisgender people.
The new Title IX rules issued by the Department of Education in April expanded the anti-discrimination protections from the original law to include anti-LGBTQ+ discrimination in schools, as well as discrimination against parenting and pregnant students. The regulations include new rules for how to handle gender-based sexual harassment and assault claims and require schools to promptly respond to all complaints of sex-based discrimination with a “fair, transparent, and reliable process.” The new rules also include measures to fight retaliation against students and employees who exercise their Title IX rights.
Two provisions in the rules require that school officials refer to trans students with the appropriate names and pronouns and allow them to use the facilities of their gender. States sued, arguing that the Biden administration didn’t have the authority to make the rules regarding trans students, and several federal judges blocked the rules from going into effect in 26 states.
The Biden administration appealed to the Supreme Court, not to keep all the new regulations in place, but just to limit the injunctions to the LGBTQ+ parts of the new regulations and allow all the rest – the pregnant and parenting student protections, the new procedures to deal with sex-based harassment and assault, the anti-retaliation measures – to go into effect. Solicitor General Elizabeth Prelogar argued that the injunctions were too broad when they could have been issued to just block the LGBTQ+ provisions that the states were suing over.
The Supreme Court this past Friday rejected Prelogar’s argument in a 5-4 decision, keeping the new regulations completely blocked in those 26 states.
“Today… a majority of this Court leaves in place preliminary injunctions that bar the Government from enforcing the entire rule—including provisions that bear no apparent relationship to respondents’ alleged injuries,” Justice Sonia Sotomayor wrote in her dissent. “Those injunctions are overbroad.”
Hate influencer Chaya Raichik – who’s behind the wildly anti-LGBTQ+ “Libs of TikTok” account – posted on X about the Supreme Court decision but explained it incorrectly: “Supreme Court just ruled against Biden admin request to implement their changes to Title IX which would allow men to completely invade women’s spaces.”
“HUGE WIN FOR WOMEN AND GIRLS!” she wrote, and then shared a headline from The Hill about the ruling that includes the word “partially.” That article in The Hill correctly explained that the Biden administration just wanted the Court to “narrow” the lower courts’ injunctions, not overturn them, but perhaps Raichik didn’t read the article she shared.
Greene, a sitting congresswoman, shared Raichik’s post and added her own message saying that the Court rejecting those protections that were mostly for cis girls and women is a “Great victory for girls and women!!”
“I still can’t believe this is even an issue!” she added.
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