2024 Title IX Final Rule and Regulations Vacated by Federal Judge
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 same legal effect as rescission by the Department of Education, meaning that the 2024 regulations no longer apply in any jurisdiction in the U.S. In reaching this decision, Judge Reeves found that gender identity protections conflict with Title IX’s prohibition of discrimination based on sex. Based on this decision, barring future legal developments or administrative action, this decision means that education institutions will no longer be required to follow the 2024 Title IX regulations.
It is unclear whether this decision will impact protections based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity under the previous regulations. The new administration’s position on this, as well as potential further court developments, will be critical to determining next steps for educators.
Court Found That “Discrimination on the Basis of Sex” Should Not Include Gender Identity
The lawsuit, Tennessee vs. Cardona, filed by Kentucky, Tennessee, Indiana, Virginia, and West Virginia, challenges the 2024 Final Rule’s mandate that “discrimination on the basis of sex” includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The states argued that this definition exceeded the scope of Title IX, which limits the meaning of “sex” to an individual’s status as either male or female as determined by reproductive biology.
The Department maintained that transgender status is inextricably tied to sex, and therefore discrimination on the basis of that status is the same as discrimination “on the basis of sex.” Judge Reeves, however, agreed with the states, finding that “the entire point of Title IX is to prevent discrimination based on sex,” and that “throwing gender identity into the mix eviscerates the statute and renders it largely meaningless.” The decision also found that the 2024 Final Rule unconstitutional because it could subject individuals to allegations of harassment for failing to use gender-identity-based pronouns, potentially chilling speech in violation of the First Amendment.
Notably, Judge Reeves found that challenged provisions “fatally taint the entire rule” because “‘on the basis of sex’ lies at the heart of Title IX and permeates virtually every provision of the law.” As such, the decision invalidates the entirety of the 2024 regulations, including those related to handling grievances, training, recordkeeping, and processing complaints.
This decision is subject to appeal and may be reversed by a higher court. Though, any appeal may be rendered moot if the incoming presidential administration rescinds the 2024 Final Rule as it previously indicated it would.
What to Expect Moving Forward
Because litigation on Title IX issues across the country remains fluid and we anticipate additional changes with the incoming presidential administration, education institutions should continue consulting with their legal counsel regarding their legal obligations under Title IX. We will continue to closely monitor any activity and provide updates on the Title IX regulatory and litigation landscape.
As a reminder, Franczek is here to support you with updating your school’s Title IX grievance policy and procedure as needed, training employees on the requirements of effective regulations, and navigating the various issues involved with this regulatory rescission. If you have any questions on how the ongoing Title IX litigation may impact your education institution, please contact a member of our Franczek Title IX team or any Franczek attorney.