On Monday, June 17, 2024, the U.S. District Court for the Eastern District of Kentucky enjoined and restrained the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action in any manner to enforce” the 2024 Title IX regulations that were issued on April 29, 2024 and were slated to take effect August 1, 2024. This injunction prevents the enforcement of the regulations against schools in Ohio, Tennessee, Kentucky, Indiana, Virginia, and West Virginia. Similar legal action has been taken in other states, with a preliminary injunction prohibiting enforcement of the rules in Louisiana, Mississippi, Montana, and Idaho, with decisions in cases brought in Kansas, Texas, and Alabama forthcoming.

The order is related specifically to the 2024 Title IX regulations, which means that schools must still follow the 2020 Title IX regulations that have been in place since August 2020.

In this case, the court held that the new regulations “would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity,’” and that the regulations “conflict with the plain language of Title IX.” The court noted that since “sex” was not defined within the statute, it must use the term's ordinary meaning at the time Title IX was created, which was “the character of either being male or female.” The court noted that a major change to the meaning of that statutory term requires clear congressional authorization, which did not take place with the 2024 Title IX rulemaking. The court also noted concerns that the regulations would likely violate government employees’ and students’ First Amendment rights, as they may be required “to use pronouns consistent with a student’s purported gender identity rather than their biological sex” even if doing so conflicts with the educators’ or other students’ religious or moral beliefs.

Gingo and Bair Law, LLC will continue to monitor the litigation on this important matter to ensure that districts remain compliant.