Federal Judge Strikes Down 2024 Title IX Rules Nationwide

In case you missed it, last week, a federal judge in Kentucky struck down the Biden administration's 2024 Title IX regulations nationwide. It doesn't mean much for schools in Arkansas, where the new regs have been enjoined for some time. For schools that spent last spring and summer developing, training on, and implementing a new policy, it's time to blow the dust of those 2020 policies and put them back in place for all new cases. It's time to consult with your legal team to roll out a new compliance plan.

A few things to note from the Kentucky decision. (1) The Court was clear that protections for transgender workers under Title VII granted through the Bostock case do not extend to Title IX. The Court did not mince words in saying that including "gender identity" in Title IX's protections "on the basis of sex" would render the statute meaningless. (2) The Court cited Loper Bright in claiming that ED exceeded its statutory authority in issuing the new regs. Expect to see more whacking back of agency rulemaking authority from courts. (3) The 2024 regs violate the First Amendment by requiring Title IX recipients to use names and pronouns associated with a student's gender identity. The Court said that this compliance requirement chills speech or compels affirmance in a belief in a manner that is unconstitutional.

So, what's next? The Kentucky decision is no doubt a win for the incoming administration. Will the new administration rest on the 2020 regs, or seek to enact initial changes that go further? Trump has vowed to dismantle the Department of Education, but it's hard to imagine what that would look like given his party's focus on education issues like transgender students and student athletes, speech on campus, and religion in the classroom. We will be following closely. Read the whole opinion here.