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The Department of Education issued its long-awaited Title IX rule on April 19, with an effective date of August 1. The regulation was immediately challenged by numerous groups. Given that the lawsuits and other challenges will not be resolved by August 1, SAVE urges all schools receiving federal assistance to defer implementation of the sweeping policy.
Following is a summary of the lawsuits against the Title IX regulation:
Litigation: To date, 10 lawsuits have been filed by state Attorneys General and other groups. In six of those complaints, judges have issued decisions. In every case, the judge imposed a temporary injunction on the rule, citing the “arbitrary and capricious” nature of the regulation. Currently, bans on the regulation are in place in 21 states: LA, MS, MT, ID, TN, KY, OH, IN, VA, WV, KS, AK, UT, WY, TX. AR, MO, IA, NE, ND, and SD.
Appellate Decisions: Earlier this month, the Court of Appeals for both the Fifth Circuit and the Sixth Circuit denied appeals of the Department of Education to stay the decisions of the trial courts.
Nationwide Injunction: In his July 11 ruling for Texas, Judge Matthew Kacsmaryk noted he is considering extending his injunction to cover all 50 states in the nation.
Other state-level efforts are underway to overturn the regulation:
Candidate Opposition: Over 100 state political candidates around the country have signed a pledge to oppose the changes contemplated under the new Title IX regulation.
Statutes: To date, numerous states have enacted legislation that contradict key provisions of the Title IX regulation. For example, 13 states have passed laws designed to assure due process on college campuses.
Directives: Numerous governors and state superintendents of education have instructed their schools to disregard the rule.
Other efforts to eliminate the Title IX regulation include:
Title IX Network: A coalition of 232 organizations has been working for two years to oppose the regulation at the local, state, and national levels.
Congressional Review Act: Resolutions to block the regulation have been introduced in both the U.S. Senate and House. On July 11, the Resolution passed in the House of Representatives.
New Presidential Administration: On January 20, 2025 a new person will be sworn in as the 46th president of the United States. Donald Trump is currently leading Kamala Harris in the Electoral College, 312 to 226. If elected, Trump has promised that “on day one,” he will terminate the Biden mandate.
Never before in history has the Judicial Branch, Legislative Branch, and the American public coalesced in such a coordinated and sustained manner to oppose a controversial federal regulation. Schools that receive federal education monies are urged to postpone all implementation of the regulation until the legal issues are resolved.
If the Department of Education attempts to enforce the new policy, the affected school or individual should seek an injunction which, based on the many judicial decisions issued to date, likely would be granted. Schools should not waste resources on the futility of implementing a deeply unpopular Title IX regulation.
