Preliminary Injunction Halts New Regulations for Schools
The United States District Court for Kansas issued a preliminary injunction this week blocking the Department of Education and the Department of Justice from implementing or enforcing new Title IX rules set to take effect August 1, 2024. This decision follows similar rulings in Louisiana and Tennessee.
The Department of Education’s new regulations expand the definition of “sex discrimination” under Title IX to include discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. This expansion was prompted by President Biden’s directive to review existing policies following the Supreme Court’s decision in Bostock v. Clayton County, Georgia, 590 U.S. 644 (2020).
Several states, including Kansas, sued the United States Department of Education and petitioned for an injunction to stay the implementation of these new regulations. See Kansas, et al., v. USDE, Case No. 24-CV-004041. The Kansas District Court found the term “sex” in Title IX differs from its application in Title VII, which was the focus of the Bostock decision. The court held the Department of Education’s broader definition contradicts the statute and historical context of Title IX.
The court also addressed concerns relating to the regulations’ potential impact on First Amendment rights. The plaintiffs successfully argued the new rules could lead to content-based restrictions on speech depending on specific viewpoints. Additionally, the Court found the timing of the regulation’s implementation to be concerning. Costs to update policies and materials in the final month to comply with the “sweeping policy changes”―all before a new school year―supported the issuance of an injunction.
It’s important to note this injunction currently applies only to certain states. School administrators in affected areas should stay informed about this evolving legal situation to ensure compliance. School districts located in unaffected states may still need to adhere to the new regulations.
You may read the full decision discussing the injunction here: https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2024cv4041-53.