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 its authority under Title IX of the Education Amendments of 1972 and “turn[ed] Title IX on its head” by attempting to alter the core principles of the regulation. The Court found that the 2024 Title IX Regulations violated both the First Amendment and the Spending Clause of the United States Constitution and that the Final Rule was vague, arbitrary, and capricious. The ruling declared the 2024 regulations to be unenforceable nationwide.
The 2024 Title IX Regulations had several notable changes, including the expansion of the definition of discrimination “on the basis of sex” to include discrimination on the basis of sexual orientation, gender identity, sex stereotypes, sex characteristics, and pregnancy. The court found the Department of Education impermissibly redefined this term, noting there was nothing in the text of Title IX to suggest that discrimination “on the basis of sex” has meant anything other than “discrimination on the basis of being a male or female” since its inception.
The court was particularly concerned with the Department of Education’s inclusion of “gender identity” in the definition of “on the basis of sex.” In a strongly-worded opinion, the court found that this addition “eviscerates” Title IX and rendered it essentially meaningless.
The 2024 Title IX Regulations were published by the Department of Education on April 29, 2024, and were scheduled to take effect on August 1, 2024. However, prior to the final rule’s effective date, the 2024 Title IX Regulations were subject to numerous legal challenges across the country. While the State of North Carolina did not join any of these lawsuits, North Carolina educational institutions were affected by a July 2, 2024, injunction issued by the U.S. District Court of Kansas. The plaintiffs in that suit were not only individual states, but also three nonprofit organizations – Young America’s Foundation, Female Athletes United, and Moms for Liberty. As a result of these organization’s participation in the suit, the injunction applied to individual schools attended by a member or the student of a member of either Young America’s Foundation, Female Athletes United, or Moms for Liberty. As a result, North Carolina educational institutions were left to determine if they were subject to the injunction or required to move forward with the 2024 Title IX Regulations.
For assistance in determining what the appropriate course of action for your educational institution is concerning Title IX, please reach out to Rebecca Williams (rwilliams@poynerspruill.com) or Grace Pennerat (gpennerat@poynerspruill.com).
