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First Amendment › Gender Identity › LGBTQ

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Pullman & Comley - School Law

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

Pullman & Comley - School Law on

In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more

Littler

Federal Court Partially Blocks Enforcement of Parts of Executive Orders on DEI and Gender Identity

Littler on

On June 9, 2025, the U.S. District Court for the Northern District of California issued a ruling in San Francisco AIDS Foundation v. Trump, temporarily blocking the enforcement of several provisions in executive orders issued...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education

Marshall Dennehey on

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations.  In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of...more

Quarles & Brady LLP

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

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Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more

Lowndes

Title IX Ruling Limits Definition of “Sex” in Education Parity, May Impact Employers

Lowndes on

A recent federal court ruling that struck down expanded Title IX protections has implications that could extend well beyond educational institutions. By rejecting the Biden administration’s Title IX rules that expanded sex...more

Williams Mullen

Title IX Risk and Legal

Williams Mullen on

Title IX, enacted as part of the Education Amendments of 1972, is a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Its primary...more

Franczek P.C.

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

Franczek P.C. on

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

Spilman Thomas & Battle, PLLC

Court Vacates 2024 Title IX Regulations Nationwide: What This Means for Covered Institutions

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky (“Court”) vacated the 2024 Title IX Final Rule (“Final Rule”) nationwide in State of Tennessee v. Cardona. The U.S. Department of Education...more

Poyner Spruill LLP

Federal Court Rules 2024 Title IX Regulations Unconstitutional

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In its decision vacating the United States Department of Education’s 2024 Title IX Regulations on January 9, 2025, the U.S. District Court for the Eastern District of Kentucky found that the Department of Education exceeded...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

Fisher Phillips on

A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

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Last year was a turbulent one for Title IX, and although we are just a few days into 2025, this turbulence has persisted into the new year. Yesterday, January 9, 2025, a federal district court in Kentucky issued a ruling that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education’s 2024 Title IX Final Rule Addressing Sex-Based Discrimination and Sexual Harassment Vacated

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

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Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Morrison & Foerster LLP - MoFo+

Critical Support To Drag Artists’ First Amendment Right In Tennessee’s “Drag Ban” Ruling

Morrison & Foerster LLP - MoFo+ on

On June 2, 2023, a federal judge determined that a Tennessee law aimed at restricting drag shows is unconstitutional—a timely initial victory for MoFo, which played an important supporting role in the case, as well as for the...more

Constangy, Brooks, Smith & Prophete, LLP

Judge shuts down LGBT guidance

Constangy, Brooks, Smith & Prophete, LLP on

And opens up a can of worms. In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more

Constangy, Brooks, Smith & Prophete, LLP

This 'n' That In Labor And Employment Law

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Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Blocks Enforcement of Tennessee’s Bathroom Signage Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On July 9, 2021, a federal district court in Nashville, Tennessee, granted a preliminary injunction, halting enforcement of a new Tennessee law on bathroom signage. That law mandates that businesses post specific signs next...more

Seyfarth Shaw LLP

Sixth Circuit Finds EEOC’s Enforcement Of Title VII Does Not Need To “Give Way” To Religious Freedom Restoration Act

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Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Seyfarth Shaw LLP

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Seyfarth Shaw LLP

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

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Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Bowditch & Dewey

Let Them Eat Cake!

Bowditch & Dewey on

The competing interests of an individual’s First Amendment right to religious freedom and an individual’s right to be free from discrimination will be addressed by the Supreme Court of the United States (“SCOTUS”) in the...more

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