Title IX bars "discrimination under any education program or activity receiving Federal financial assistance" on the basis of sex.

Although the White House wants sexual orientation and gender identity covered as well, the Supreme Court doesn't seem to be on board.  

Majority allows lower court injunctions to stand

Evidence for that came late last week in Department of Education v. Louisiana, a case that concerns multiple lawsuits filed by Republican states against the Biden administration.

The Hill noted that the Supreme Court voted to allow a series of lower court injunctions that block Title IX changes from taking effect.

"On this limited record and in its emergency applications, the Government has not provided this Court a sufficient basis to disturb the lower courts' interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule," the Supreme Court's unsigned order read.

The justices were split on partisan lines, except for Justice Neil Gorsuch, who broke with the other Republican appointees.

Gorsuch sided with Democratic appointees in similar case

As Vox pointed out, America's highest judicial body appears ready "to abandon" the ruling it brought down in Bostock v. Clayton County just four years ago.

The case saw Gorsuch maintain that "it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex."

In Louisiana, Gorsuch once again sided with his Democratic colleagues, writing that lower courts had erred by "blocking the Government from enforcing scores of regulations that [the plaintiffs] never challenged and that bear no apparent relationship to [plaintiffs’] alleged injuries."

However, Chief Justice John Roberts shifted his vote, leading to what Vox called "an ominous sign for all victims of anti-LGBTQ discrimination."

Poll shows falling support for trans agenda

Last week's ruling is unlikely to go over well with Democratic politicians like Rep. Robert Garcia, who declared this past Friday that "Congress needs more radical homosexuals."

The Hill quoted him as telling the website LGBTQ Nation that Democrats need "to talk about trans rights, health care, and the attacks on our community, and be proudly open while doing it."

Yet if a survey conducted last year by Gallup is to be believed, then that position appears to be at odds with recent changes in public sentiment.

The poll found that 69% of Americans thought athletes should compete against those of the same biological sex, up from 62% who said the same two years earlier. Meanwhile, 55% believe that changing one's gender is morally wrong, a four-point increase from 2021.