Did the Supreme Court just overrule one of its most important LGBTQ rights decisions?

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08/19/2024

The Supreme Court handed down a brief and very odd opinion on Friday that seemed to abandon its landmark civil rights decision in Bostock v. Clayton County (2020), a four-year-old case that compelled the Biden administration to write rules forbidding discrimination against gay and trans students. The Court’s new decision in Department of Education v. Louisiana temporarily leaves in place lower court decisions that blocked Biden administration regulations that, among other things, seek to curb anti-LGBTQ discrimination by schools and universities. The Biden administration’s rules seemed to be crafted with Bostock compliance in mind — indeed, had a key provision of those rules been written any other way, they would have been illegal under Bostock. And yet the Court ruled against this provision regardless.

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