On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in which it vacated the 2024 Title IX regulations that went into effect in many states on August 1, 2024.
The Court held that the regulations exceeded its statutory authority under Title IX when it added protections on the basis of gender identity, going so far as to state, “the entire point of Title IX is to prevent discrimination based on sex—throwing gender identity into the mix eviscerates the statute and renders it largely meaningless.” The Court further held that the regulations violate the First Amendment, the Spending Clause of the Constitution, and is vague and overbroad. Finally, the Court held that the regulations are arbitrary and capricious due to its departure from the U.S. Department of Education’s longstanding interpretation of Title IX. Despite its focus on the gender identity provisions of the regulations, the Court was clear that it was vacating the entire rule, stating that the three challenged provisions “fatally taint the entire rule.”
While the vacatur is widely presumed to be nationwide, all institutions should be watching for the U.S. Department of Education’s statements on this case as they may be issued (both before and after January 20th, anticipating a change in approach with the new administration) so that institutions can be clear on the Department’s enforcement intentions.
Institutions that are currently operating under the 2024 regulations should consult with competent legal counsel to discuss transition back to a 2020-compliant policy—with any changes necessary to ensure that the policy is current with new state law to the extent it does not conflict with federal requirements. Such institutions should also ensure they are complying with the 2020 training material posting requirements if they had discontinued that practice. For your convenience, you can read the 2020 Title IX regulations at our Title IX Resource Center.
Institutions that were enjoined from implementing the 2020 regulations need to take no action at this time, except for perhaps not worrying as much about if and when the 2024 regulations might apply to them!
The decision may be appealed, so we will continue to be vigilant about further developments.
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