On January 9, 2025, a federal judge from the Eastern District of Kentucky vacated the Biden Administration’s 2024 Title IX Rule, effectively taking it “off the books” nationwide.
The 2024 Title IX Rule went into effect August 1, 2024, but was subject to immediate litigation. That litigation led to a number of preliminary injunctions issued by federal courts, affecting institutions in more than half the states around the country. This litigation resulted in a patchwork application of Title IX, with some schools following the 2020 (Trump Administration) rule and others following the 2024 rule.
This decision is the first we have on the merits, meaning it is a final (not a preliminary) decision. The court noted a number of reasons for finding the Rule invalid, in particular:
- The Department of Education exceeded its statutory authority when it expanded the definition of “on the basis of sex.” In citing to the recent United States Supreme Court case, Loper Bright Enters. v. Raimondo, 603 U.S. 369, 412-13 (2024), the Eastern District of Kentucky exercised its independent judgment in interpreting Title IX to hold that the U.A. Department of Education exceeded its statutory authority when it expanded the definition of “on the basis of sex” to include gender identity and sexual orientation.
- The Rule violated the First Amendment of the United States Constitution:
- By requiring teachers (and others) to use names and pronouns associated with a student’s gender identity;
- As it is vague and overbroad; and
- As it violates the Spending Clause.
- The Rule is arbitrary and capricious and the Department of Education failed to provide a reason for its departure from its “longstanding interpretation of Title IX.”
The court also rejected the Department’s reliance on the Supreme Court’s Bostock v. Clayton County, Ga., 590 U.S. 644 (2020) decision, noting that Bostock does not extend to Title IX (federal courts remain divided on this question).
By vacating the rule, the Court prevents the application of the Rule to “all who would otherwise be subject to its operation[,]” thereby vacating the Rule on a nationwide basis.
The court’s ruling could be appealed to the Sixth Circuit Court of Appeals or even the Supreme Court. However, it is important to note that President-elect Trump, who takes office in ten days, has been extremely critical of the Biden administration’s 2024 Title IX Rule. This means that his administration’s Department of Education will likely do everything in its power to ensure this decision is upheld.
Thompson Coburn’s Higher Education team is actively reviewing the decision and will provide further updates as this develops.
Institutions with questions or that would like assistance with Title IX compliance are welcome to contact Scott Goldschmidt (sgoldschmidt@thompsoncoburn.com), Stephanie Fredman (sfredman@thompsoncoburn.com), Leah Northener (lnorthener@thompsoncoburn.com) or Aaron Lacey (alacey@thompsoncoburn.com). We also invite institutions to visit our Higher Education Resources page, which includes links to our most recent webinars, training series, desk guides, whitepapers, and blog posts.
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