A federal judge in Alabama denied a request to block the Biden administration from enforcing new anti-discrimination protections for LGBTQ students in four Republican-led states. U.S. District Judge Annemarie Axon rejected arguments made by Alabama and three other states challenging Department of Education regulations extending federal law to protect gender identity and bar harassment against LGBTQ students. Axon ruled that the claims were unsupported and failed to show a substantial likelihood of success. The rule, set to take effect on Thursday, has faced legal challenges from a total of 26 Republican-led states. Six other judges have blocked the rule in 21 states pending outcomes of lawsuits. The Education Department clarified in April that the ban against sex-based discrimination in Title IX includes discrimination based on sexual orientation and gender identity, citing a 2020 Supreme Court decision. Alabama and the other states argued that the Supreme Court decision was narrower and the Education Department overstepped its authority. They also claimed the rule would impact bathroom and locker room policies. Axon stated that nothing in Title IX limits sex to biological sex and that the department’s interpretation was reasonable in light of the Supreme Court decision. The case is ongoing in the U.S. District Court for the Northern District of Alabama.
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