OHIO — The U.S. Department of Education is currently blocked by the U.S. Supreme Court from implementing, enacting or enforcing new Title IX regulations passed by the Biden administration earlier this year.

Title IX regulations initially were meant to protect women in educational activities and institutions that were receiving federal funds surrounding this.

“Now, the new regulations that have gone into effect have expanded the definition of what the word sex means in the context of sex discrimination. A U.S. Supreme Court case back in 2020 spurred those regulations as it broadened the context and definition to indicate that sex discrimination included gender identity and sexual orientation as it relates to employment. As a result, the Biden Administration took that definition to apply to regulations it’s sought to enforce with Title IX. That resulted in a number of lawsuits,” said Spectrum News 1 Legal Analyst Rory Riley-Topping.

“Now we’re seeing so many lawsuits because as the Republicans who have state attorney generals who have brought these cases have argued, Title IX was specifically put into effect to protect women from discrimination and they’re arguing that these regulations have the opposite effect,” said Riley-Topping. 

On a national scale, Riley-Topping noted that since 26 states have brought legal action revolving around these regulations, she believes this is speaking to a much bigger issue as it is all Republican attorney generals who have done so.

“Obviously, there is a political divide over issues related to transgender rights. So we’re seeing a slightly different application in how courts are approaching different trans-rights issues,” said Riley-Topping.

In the end, Riley-Topping believes the Supreme Court may eventually clarify whether that definition of sex discrimination in the Bostock vs Clayton County case, applies to Title IX. Either way, she said all of this is going to have a big impact on the 2024 elections.