Federal

Which States Have Sued to Stop Biden’s Title IX Rule?

The new rule expands protections for LGBTQ+ students. Here’s a summary of the lawsuits challenging it and where they all stand
By Libby Stanford — July 08, 2024 | Updated: August 01, 2024 | Updated: July 25, 2024 3 min read
Misy Sifre, 17, and others protest for transgender rights at the Capitol in Salt Lake City, March 25, 2022. On Tuesday, July 2, 2024, a federal judge in Kansas blocked a federal rule expanding anti-discrimination protections for LGBTQ+ students from being enforced in four states, including Utah and a patchwork of places elsewhere across the nation.
  • Save to favorites
  • Print

The Biden administration’s rewrite of regulations for Title IX, the nation’s landmark law prohibiting sex discrimination at federally funded schools, has drawn at least eight lawsuits since its release in mid-April that have complicated its path to taking effect.

The Title IX revision expands the scope of the law’s prohibition on sex discrimination so it also applies to discrimination based on sexual orientation and gender identity. It also streamlines processes schools use to investigate and respond to complaints of Title IX violations and directs them to use a “preponderance of the evidence” standard to evaluate sexual harassment, assault, and discrimination claims rather than a higher legal threshold.

The Title IX rewrite swiftly drew legal challenges from Republican-led states, and has led to a fractured legal landscape in which the new rule won’t take effect in all states, nor even at all schools and colleges in the states where judges haven’t put the rule on hold.

According to an Education Week analysis:

  • The Biden administration’s Title IX rewrite has drawn at least eight lawsuits.
  • 26 states have signed onto the lawsuits.
  • The rule is on hold in 26 states.

In addition to the 26 states, one school district, two students, and five conservative advocacy organizations have signed onto the legal challenges. All eight of the lawsuits filed resulted in injunctions putting the rule on hold in the states mounting legal challenges in time for the Aug. 1 effective date of the new regulations. The injunctions temporarily block the rule while the cases play out in court.

The rule is also blocked from taking effect at any school attended by a child of a member of Moms for Liberty, a conservative organization active in school board politics, or at any school attended by members of the Young America’s Foundation, an organization for young conservatives largely at colleges and universities, and Female Athletes United, a conservative advocacy organization. In total, that means the rule is blocked from taking effect in over 400 K-12 schools in 44 states and the District of Columbia, including liberal-leaning states that haven’t signed onto lawsuits against the rule like California, Colorado, and Massachusetts.

The lawsuits all take issue with the Education Department’s decision to expand the scope of sex discrimination to include “gender identity.” They argue that “gender identity” is too vague a term to be included in regulation. The lawsuits argue the Education Department is forcing some students and staff to go against their beliefs by allowing transgender and nonbinary students to use bathrooms and locker rooms that align with their gender identity.

To justify its expanded interpretation of Title IX, the Education Department used the U.S. Supreme Court’s 2020 Bostock v. Clayton County, Ga. decision, which said employers cannot discriminate against employees on the basis gender identity or sexuality under federal employment law. However, many of the lawsuits take issue with that interpretation, arguing that Bostock doesn’t apply to Title IX.

Seven of the eight lawsuits argue that the Education Department’s revision also opens the door to inequality in school athletics by giving transgender girls access to girls’ sports. The Education Department said the Title IX rewrite does not apply to athletics. Last year, the department issued a separate proposed rule that addresses how the Title IX revision applies to sports, specifically transgender athletes’ participation in school sports, but hasn’t said when it plans to finalize it.

Two federal appeals courts have refused to stop injunctions blocking the rule, so the Biden administration on July 22 asked the U.S. Supreme Court to partially set them aside so parts of the Title IX rule that states haven’t challenged—such as efforts to streamline the process schools use to investigate Title IX complaints—can take effect under the temporary orders blocking them. The Supreme Court, however, didn’t act on the administration’s request before the Aug. 1 effective date.

Here are the details on the eight lawsuits and where they stand.

Laura Baker, Deputy Managing Editor, Creative contributed to this article.

Events

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion The Ed. Dept.'s Civil Rights and Special Ed. Offices Are Moving. Here's What That Means
Short-term changes are unlikely to be noticeable. Longer term, they may be consequential.
9 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Opinion ‘None of This Is Abstract’: The Real Harm of Trump’s Ed. Dept. Civil Rights Move
Here’s why families will feel it when student civil rights enforcement moves to the Justice Dept.
Alumni Collective of the U.S. Dept. of Ed., Office for Civil Rights
4 min read
Image of a box of files
Laura Baker/Education Week + Getty
Federal Special Ed. and Civil Rights: What We Know About the Ed. Dept.'s Latest Moves
Special education is moving to HHS, and civil rights enforcement is moving to DOJ.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, March 18, 2026, in Washington.
Letters on the U.S. Department of Education building are missing in this March 18, 2026, photo in Washington. The agency last week announced it's transferring day-to-day management of special education and civil rights enforcement to different Cabinet agencies, the latest push by the Trump administration to dismantle the Education Department.
Allison Robbert/AP Photo
Federal Trump's Justice Dept. Investigates Dozens of Districts Over LGBTQ+ Curricula
The investigations target how schools discuss sexuality and gender identity and whether parents can opt their children out of lessons.
8 min read
The U.S. Department of Justice is investigating how 43 school districts in three states teach about sexuality and gender identity and whether they give parents the opportunity to opt their children out of lessons that conflict with their religious beliefs on June 16, 2026.PICTURED, Protesters gather outside the Glendale Unified School District headquarters in Glendale, California, on June 20, 2023. Over 300 people gathered outside the Glendale Unified School District headquarters, as protests continued over the issue of teaching children about same-sex parents and queer issues.
Protesters gather outside the Glendale school district in Glendale, California, on June 20, 2023 over the issue of teaching children about same-sex parents and queer issues. The U.S. Department of Justice is now investigating three other school districts over LGBTQ+ themes in sex ed. and beyond. (The Glendale district is not one of them.)
DAVID SWANSON / AFP via Getty Images