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Victory: Stopping the Biden Title IX Policy

In historic actions, President Trump has issued several Executive Orders, and the Biden Title IX regulation has been overturned.

Executive Orders:

“The Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

Supreme Court:

  • On August 16. the Supreme Court ruled on the appeal by the Department of Education, retaining the stay issued for the Louisiana and Tennessee lawsuits by a 5-4 vote.
    • The decision also reveals, “Every Member of the Court agrees respondents are entitled to interim relief as to three provisions of that Rule: 34 CFR §106.10 (2023) (defining sex discrimination), §106.31(a)(2) (prohibiting schools from preventing individuals from accessing certain sex-separated spaces consistent with their gender identity), and §106.2’s definition of hostile environment harassment.”

Title IX Lawsuits Against the Department of Education:

  1. States of Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia, and the Christian Educators Association International and A.C.
    • June 17: Judge Danny Reeves issued a preliminary injunction for the states of TN, KY, OH, IN, VA, and WV.
    • July 17: The Sixth Circuit Court of Appeals denied the Department of Education’s request to stay Judge Reeve’s decision.
    • January 9, 2025: Judge Reeves issued a “vacatur” decision, thereby blocking the regulation on a nationwide basis.
  2. States of Louisiana, Mississippi, Montana, and Idaho, Louisiana Department of Education, Rapides Parish School Board, and 17 Louisiana School Districts
      • June 13: Judge Terry Doughty issued a temporary injunction against the Title IX regulation in the states of LA, MS, MT, and ID
      • July 17: The Fifth Circuit Court of Appeals denied the Department of Education’s request to stay Judge Doughty’s decision.
  2. States of Kansas, Alaska, Utah, and Wyoming, Moms for Liberty, Young America’s Foundation, et al.
    • July 2: Judge John Broomes issued a preliminary injunction for the states of KS, AL, UT, and WY, and for the schools attended by children of Moms for Liberty and by members of the Young America’s Foundation. See listing of affected schools.
  3. State of Texas and Two UT-Austin Professors
    • July 11: Judge Matthew Kacsmaryk issued an injunction for the state of Texas.
  4. Carroll Independent School District (Texas)
    • July 11: Judge Reed O’Connor issued an order enjoining  implementation of the regulation in the Carroll Independent School District.
    • February 19: Judge O’Connor issued a decision that vacated the entire 2024 Title IX regulation.
  5. States of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota
    • July 24: Judge Rodney Sippel issued an injunction for these six states.
  6. States of Alabama, Florida, Georgia, and South Carolina, and the Independent Women’s Law Center, Independent Women’s Network, Parents Defending Education, and Speech First
    • June 18: SAVE filed an amicus brief in support of the necessity of due process.
    • July 30: Judge Annemarie Carney Axon denied the request for a preliminary injunction.
    • August 22: The Eleventh Circuit Court granted an injunction against the regulation, reversing the decision of Judge Axon.
  7. State of Oklahoma
  8. Oklahoma Department of Education — decision pending.
  9. Washington Parents Network — decision pending.

Title IX Lawsuit Against the Dept. of Health and Human Services:

The DHHS issued a Rule that would require states to pay for gender-transition interventions, based on a definition of sex that includes “gender identity.”