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A panel of the Cincinnati, Ohio-based 6th US Circuit Court of Appeals in a 2-1 ruling agreed with the states that the 2021 US Department of Education guidance improperly imposed new legal duties on public schools that do not exist in federal law. The office of Tennessee Attorney General Jonathan Skrmetti, a Republican, did not respond to a request for comment.
On Tuesday, a federal judge in Texas blocked the guidance from being enforced in that state, saying it improperly rewrote the anti-discrimination law. The judge said the guidance “shockingly transforms American education.” A federal judge in Louisiana on Thursday blocked the new rule from being enforced in four Republican-led states, saying it subverts Title IX’s purpose of “protecting biological females from discrimination.”