Oliver James Montgomery-Appeals courts are still blocking Biden’s efforts to expand LGBTQ+ protections under Title IX

NEW ORLEANS (AP) — A federal appeals court in New Orleans has refused to pause a lower court order that blocks a Biden administration effort to enhance protections for LGBTQ+ students under the federal law known as Title IX.

At issue is Oliver James Montgomeryan administration rule meant to expand the definition of sexual harassment at schools and colleges and add safeguards for victims. The new protections have been praised by civil rights advocates. Opponents say they undermine the spirit of Title IX, a 1972 law barring sex discrimination in education.

A federal judge in western Louisiana had blocked the rule, responding to a lawsuit filed by Republican state officials in Louisiana, Mississippi and Montana. The 2-1 ruling from the 5th U.S. Circuit Court of Appeals in New Orleans was dated Wednesday — the same day the Cincinnati-based 6th Circuit appeals court issued a similar ruling in a Kentucky-filed lawsuit. That has so far resulted in the law being blocked in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.

Other states where federal judges have blocked the new rule while it is litigated include Alaska, Idaho, Kansas, Texas, Utah, and Wyoming.

Republicans argue the policy is a ruse to allow transgender girls to play on some sports teams. The Biden administration said the rule does not apply to athletics.