Title IX Protections for LGBTQ+ Students Blocked Nationwide

In April of 2024 the Biden Administration finalized a Rule titled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. Today, the entirety of the Rule was blocked from implementation—nationwide—by a federal District Court judge in Kentucky. It’s a 15-page opinion, and you can read it here.

There is some great in-depth coverage of this litigation out there, particularly by Chris Geidner over at LawDork. Give him a follow.

It’s unclear if an appeal will be taken to the Supreme Court, given the impending rollover of administrations. It’s important to note that this particular Rule is a prime target of the incoming administration and the new Congress, as well; there were bills introduced in both the House and Senate last year to disapprove adoption of the Rule.

With the avalanche of news out there, though, I thought a quick explainer of what this Rule did—and now, what it will not do—would be helpful.

The April 2024 Rule covered a wide range of subjects, including:

• Expanding the definition of sex-based discrimination to cover sexual orientation and gender identity

• Clarifying and expanding the definition of ‘sexual harassment’

• Creating protections for transgender students

• Updated responsibilities for handling complaints of sex-based harassment

• Providing protections for pregnancy

• Expanded duties for a school’s Title IX coordinator

The American Council on Education published a good overview of the Rule, which I encourage you to check out. All credit to their team and the work that went into the summary.

This is such bad news for students and employees at our institutions of higher education. Today, nationwide, they are less safe—and less protected—than they were yesterday.

As always, though—

Build Community. Be strategic. We’re all in this together.