By a 5-4 vote Friday, the Supreme Court rejected the Biden administration’s request to limit the scope of preliminary injunctions blocking the enactment of its Title IX rule. The Title IX regulations were originally slated to go into effect August 1st, providing strong protection for pregnant and postpartum students and safeguarding students nationwide from discrimination on the basis of sex. But the rule has been the subject of at least nine lawsuits, most brought by conservative attorneys general, and eight preliminary injunctions which currently bar enforcement of the Title IX rule in 26 states and hundreds of educational institutions while the cases are being decided. As a result of the Supreme Court’s decision, the Department of Education will remain blocked from enforcing the new Title IX protections in those jurisdictions, including critical protections for pregnant and postpartum students which were not the focus of the legal dispute.
WorkLife Law Co-Director Jessica Lee, who leads our Pregnant Scholar Initiative, stated, “while Title IX itself continues to offer legally enforceable protection for students, we’re disappointed that the new regulations remain on hold. Pregnant and postpartum students will needlessly suffer as a result of this ruling, and some may be denied their education entirely. WorkLife Law urges educational institutions to implement strong protections for pregnant and postpartum students to protect this marginalized population even while the courts continue to weigh these cases—there is no need to wait.”
To aid educational institutions and advocates in understanding recent Title IX lawsuits and the legal context, WorkLife Law published a fact sheet with the ACLU, A Better Balance, Public Justice and the National Women’s Law Center. The fact sheet provides an overview of the litigation and injunctions, as well as steps educational institutions can take to protect students while courts decide these cases over the next months or years. Our team has also published a set of Frequently Asked Questions on the legal challenges as they relate to pregnant and postpartum students, available here.
Roughly 1 in 4 undergraduates and 1 in 3 graduate students are parents, with hundreds of thousands more students becoming pregnant each semester. Yet these students, the majority of whom are people of color, receive little institutional support. As the nation’s legal resource center on the rights of pregnant and parenting postsecondary students, the Center for WorkLife Law’s Pregnant Scholar Initiative works to ensure pregnant and postpartum students are able to continue their studies without sacrificing their health or their family’s wellbeing. The Pregnant Scholar’s team provides technical assistance to college/university administrators, training on Title IX and other legal protections, and assistance implementing best practice policies. We also operate a free legal helpline for pregnant and parenting students nationwide who want to learn more about their rights or who need expert support in fighting harassment or securing accommodations and leave. Learn more here.