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.
