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Federal Judge Strikes Down 2024 Title IX Rules Nationwide

January 13, 2025

Last week, a federal judge struck down the 2024 Title IX Regulations, ruling that the regulations, which expanded nondiscrimination protections for LGBTQ+ students, violate the Constitution. The ruling extends nationwide.

Chief Judge Danny C. Reeves of the Eastern District of Kentucky held that the Education Department could not lawfully expand the definition of Title IX to prohibit discrimination based on gender identity. Citing the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo last year, which limited the regulatory power of federal agencies, Judge Reeves concluded that the Biden administration overstepped when it sought to enforce its new interpretation of Title IX through federal rulemaking.

Judge Reeves also rejected the U.S. Department of Education’s position that the protections for gay and transgender workers from workplace discrimination established in Bostock v. Clayton County should also apply in schools.  The Bostock case held that Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, religion, national origin and sex, extended the same rights to transgender workers.  Judge Reeves found that the Supreme Court’s opinion was not applicable to Title IX.

It is unclear if this decision will be appealed. Due to the decision, the 2020 Title IX regulations apply moving forward. Schools should also be reminded that this decision does not prevent enforcement of Michigan’s civil rights law, the Elliott-Larsen Civil Rights Act of 1976 (“ELCRA”), which includes gender identity and gender expression as being protected from discrimination. The ELCRA was amended in March 2023 to include legal protections for discrimination against employees and students based on gender identity, sexual orientation, and gender expression.

School districts should ensure their Board policies comply with both Title IX (2020 regulations) and the ELCRA. We will continue to monitor this situation and will update clients as additional information becomes available.  If you have questions, please contact a Clark Hill Education attorney.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.

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