A federal court judge in Kansas issued a preliminary injunction preventing the U.S. Department of Education from enforcing the 2024 Title IX regulations at specific colleges and universities in California.
This preliminary injunction is a result of a lawsuit filed by the States of Kansas, Alaska, Utah, and Wyoming. Plaintiffs also include a minor student who attends a public school in Oklahoma and three organizations: Moms for Liberty, Young America’s Foundation, and Female Athletes United (the “Plaintiff Organizations”). The Plaintiffs sought a preliminary and permanent injunction prohibiting the U.S. Department of Education from enforcing the 2024 Title IX regulations and an order stopping the 2024 Title IX regulations from taking effect on August 1, 2024.
The federal court judge issued an order on July 2, 2024, that enjoined the U.S. Department of Education from implementing or taking any action to enforce the 2024 Title IX regulations in Kansas, Alaska, Utah, and Wyoming and against the Oklahoma public school where the minor plaintiff attends. Additionally, the court order enjoined the U.S. Department of Education from implementing or taking any action to enforce the 2024 Title IX regulations against “the schools attended by the members of Young America’s Foundation or Female Athletes United, as well as any school attended by a minor child of a member of Moms for Liberty. “The court order directed the Plaintiff Organizations to file a notice identifying the affected schools because it was not clear how broadly the preliminary injunction applied.
The Plaintiff Organizations subsequently filed a notice of affected schools on July 15, 2024. Specifically, the Plaintiff Organizations filed two exhibits: one list identifying 429 K-12 schools in 44 states (including 98 schools in California) and another list identifying 687 colleges and universities including many California community colleges. Additionally, on July 12, 2024, Moms for Liberty asked the court for additional time to submit a list of schools attended by a minor child of its members. The U.S. Department of Education appealed the preliminary injunction. On July 19, 2024, the federal court judge in Kansas further ruled that its July 2, 2024 order is not stayed pending the U.S. Department of Education’s appeal of the injunction. The court further clarified that Department of Education is enjoined from enforcing the 2024 Title IX regulations against the schools attended by current and prospective members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the current and prospective members of Moms for Liberty. The court explained that supplements to the original notice of affected schools may be appropriate as the case progresses.
Several other legal challenges to the 2024 Title IX regulations are pending throughout the United States. Plaintiffs in the other cases have also sought injunctive relief. As a result of all legal challenges, courts have issued orders enjoining the U.S. Department of Education from implementing or taking any action to enforce the 2024 Title IX regulations in Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. There may be additional states and schools, colleges, and universities added to this list as the effective date of the 2024 Title IX regulations approaches.
Next Steps
Liebert Cassidy Whitmore will continue to monitor litigation related to the 2024 Title IX regulations.
For now, the injunction prevents the Department of Education from requiring those institutions identified on the lists filed by the Plaintiff Organizations from complying with the 2024 regulations. As discussed above, the trial court’s injunction has been appealed. Thus, institutions on the list have the option of complying on August 1, or they can prepare to comply but wait until the injunctive orders change or are modified requiring their compliance. These option should be discussed with legal counsel in light of the uncertain and developing landscape.
If your institution needs training or assistance with Title IX and compliance with overlapping federal and state law, including the implementation of policies, procedures, or forms, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.