A new federal rule protecting LGBT students from discrimination in schools and colleges based on gender identity that took effect on Thursday remained blocked in 26 states after the U.S. Supreme Court did not act on requests by President Joe Biden's administration to widen its enforcement.
The justices have yet to act on the administration's requests to partially lift lower court injunctions blocking the rule in 10 Republican-led states that had challenged it, while litigation continues.
The complex legal landscape means that the U.S. Education Department can enforce the rule, announced in April, in 24 of the 50 states. The rule expands protections under Title IX of the Education Amendments of 1972, a federal law that bars sex discrimination in federally funded education programs.
A spokesperson for the Education Department said officials "crafted the final Title IX regulations following a rigorous process to realize the non-discrimination mandate of Title IX. The department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student."
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