Litigation Update: Recent Challenges to the New Title IX Regulations

This past April, the Department of Education published a 423-page final rule amending its implementing for Title IX, which prohibits sex discrimination in federally-funded education programs and activities, with certain, important exceptions. The new rule was consistent with an order issued by President Biden on his first day in office that the Supreme Court’s 2020 decision in Bostock v. Clayton County be applied across the entire federal government.
Shortly after the new rule issued, at least ten separate lawsuits challenging it were filed by states, school districts, and parental rights groups in various federal jurisdictions. Thus far, the lawsuits have been uniformly successfully, with the rule now preliminarily enjoined in 26 states and numerous additional school districts. As oral argument is set to begin in the circuit courts on the government’s appeal, this webinar reviewed this litigation’s history, as well as previewed its future, including what it might say about Bostock applicability outside of Title VII.
Featuring:
Donald A. Daugherty, Senior Counsel, Litigation, Defense of Freedom Institute
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.