Rulings Temporarily Halt Biden’s Title IX Regulations

Two different federal courts have issued preliminary injunctions against President Biden’s Title IX regulations, temporarily halting enforcement of the new rules in several states. Although neither court issued a nationwide injunction, it is not yet clear whether the Department of Education will pursue a patchwork enforcement effort or put Title IX implementation on hold for the time being.

The rulings by the judges in the Western District of Louisiana and the Eastern District of Kentucky hinged, at least in part, on the courts’ respective determinations that Title IX cannot be interpreted to encompass discrimination on the basis of sexual orientation or gender identity. As a result, both courts concluded that the Department of Education likely exceeded its statutory authority when it issued the regulations.

The two cases represent the opening salvos in what is likely to be a protracted legal battle. For now, institutions of higher education in Mississippi, Louisiana, Montana, Idaho, Kentucky, Ohio, Tennessee, Indiana, Virginia, and West Virginia – the states directly impacted by the two rulings – are not required to implement the Title IX rules by the August 1 deadline, though the Biden Administration is likely to appeal the rulings.

Meanwhile, lawsuits in other states are still pending. Ultimately, however, the courts have long been split over the issue of whether Title IX can be interpreted to prohibit sexual orientation and gender identity discrimination, and this question is unlikely to be resolved until and unless the Supreme Court weighs in with a determination that is unlikely to occur any time soon.

For more information, please contact:
Jody Feder