The Supreme Court on Friday rejected, by a vote of 5 to 4, an emergency motion by the Biden administration to enforce parts of a new rule that includes protections against discrimination against transgender students under Title IX.

The proposal would have allowed biological men to enter women’s restrooms, locker rooms and dormitories in 10 states where state and local regulations prevent this.

The comprehensive rule was passed in April and clarified that Title IX’s ban on “sex discrimination” in schools also includes discrimination based on gender identity, sexual orientation and “pregnancy or related circumstances.”

The rule came into force on August 1st and for the first time the law stated that discrimination on the grounds of sex also includes behaviour related to gender identity.

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Sprinklers water the lawn in front of the U.S. Supreme Court on April 29, 2024. (Getty Images)

More than two dozen Republican attorneys general filed suit against the rule, arguing that it conflicted with some of their state laws that prohibit transgender students from participating in women’s sports.

The Biden administration insisted that the rule did not affect athletic eligibility, but several experts presented evidence to Fox News Digital in June that Biden’s claims that the rule would not lead to biological males participating in women’s sports were false and that the proposal would ultimately bring more biological males into women’s sports.

The court’s decision on Friday was a blow to the Biden administration’s ongoing efforts to protect transgender inclusion.

“Based on this limited record and its emergency motions, the government has not provided the Court with a sufficient basis to challenge the lower courts’ preliminary conclusions that the three likely illegal provisions are intertwined with and affect other provisions of the rule,” the court’s unsigned order said.

Transgender golfer doesn’t understand athletes who blame a transgender competitor for their own athletic failures.

President Biden during the White House Creator Economy Conference in the Indian Treaty Room of the White House in Washington, DC, August 14, 2024. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

Conservative Justice Neil Gorsuch dissented, joining the three liberal justices and the Biden administration that the lower courts’ rulings were “too far-reaching.”

Earlier this week, a group of 102 female athletes and 26 states filed a petition with the Supreme Court to consider challenging state laws that prohibit transgender women from competing against biological athletes, according to a filing obtained by The Washington Times.

The applicants argued that physical fitness tests showed that there was a difference between men and women at every age.

“A growing number of women and girls are having to endure the humiliating and damaging experience of competing in women’s sports against men who identify as transgender,” the athletes’ lawsuit states.

“It is difficult to express the pain, humiliation, frustration and shame that women feel when they are forced to compete against men in sports. It is public shaming and suffering, an exclusion from the category of women.”

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Supreme Court Justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson attend a private ceremony for retiring Supreme Court Justice Sandra Day O’Connor before her public lying in state in the Great Hall of the Supreme Court in Washington, DC, on December 18, 2023. (Jacquelyn Martin Pool/Getty Images)

Several other well-known figures from the sports world have spoken out against the idea of ​​allowing transgender athletes to participate in women’s sports.

ESPN analyst Kirk Herbstreit said in an interview on OutKick’s on Tuesday “Don’t @ Me with Dan Dakich” that he was “naturally” of the opinion that men had nothing to do with women’s sports.

“I don’t care about any of that. It’s almost like there are two different sets of rules, and if you have a more traditional view, or I’m a Christian, then it’s like there are different rules for that view,” Herbstreit said. “It’s hard to keep turning the other cheek.”

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