ARTICLE
14 January 2025

Title IX Final Rule Vacated Nationwide

On Jan. 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the entire 2024 Title IX final rule in State of Tennessee v. Cardona, No. 2:24-00072 (Jan. 9, 2025).
United States Kentucky Consumer Protection

On Jan. 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the entire 2024 Title IX final rule in State of Tennessee v. Cardona, No. 2:24-00072 (Jan. 9, 2025). The Department of Education had issued the Title IX final rule on April 29, 2024. The court held that the final rule is contrary to law, violates the U.S. Constitution, and is unlawful because it is arbitrary and capricious. The vacatur applies nationwide.

The court noted the Department's primary support for the final rule was Bostock v. Clayton County, Georgia, 590 U.S. 644 (2020). It held that Bostock was expressly limited as an interpretation of Title VII of the Civil Rights Act of 1964 because Bostock "turned on what Title VII says about [the meaning of the term 'sex']." The court held that the entirety of Title IX makes it "abundantly clear that discrimination on the basis of sex means discrimination on the basis of being a male or female" and "throwing gender identity into the mix eviscerates the statute and renders it largely meaningless."

The court further reasoned there were additional portions of the final rule — such as handling grievances, training, recordkeeping and processing complaints — that were invalid, although not directly challenged in the proceedings. The court noted that these additional portions of the final rule "refer to and incorporate provisions the Court deems invalid, which necessitates jettisoning these regulations as well." Accordingly, the court concluded the entire final rule and corresponding regulations should be vacated.

The effect of the court's opinion is a nationwide vacatur of the final rule. Additionally, the court granted the declaratory judgment that the specific plaintiff states sought and stated "a more accurate way to characterize this declaratory relief is that the Plaintiff States, their political subdivisions, and their recipient schools need not comply with the Rule to receive federal funding." The plaintiff states include Indiana, Ohio, Tennessee, West Virginia, Kentucky and Virginia.

Although the Department may appeal the court's ruling, the incoming Trump administration likely will not do so. But other parties may seek to intervene and defend the final rule on appeal.

The nationwide vacatur of the 2024 Title IX final rule means that the 2020 Title IX final rule as well as the prior Title IX regulations are effective. The Department typically issues guidance in the aftermath of rulings such as the court's ruling today but has not yet done so.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More