In State of Tennessee, et al. v. Cardona, et al., a federal district court in Kentucky issued a ruling in one of the several lawsuits nationwide challenging the legality of the 2024 Title IX Regulations. Last summer, the court issued a preliminary injunction applicable to the plaintiff states (Kentucky, Tennessee, Indiana, Virginia, and West Virginia) and other named plaintiffs. After hearing arguments on the merits of the case, the court vacated the 2024 Title IX Regulations nationwide.
The court found that the 2024 Title IX Regulations issued by the U.S. Department of Education exceeded the authority of the Title IX statute, were arbitrary and capricious, and violated the U.S. Constitution’s Spending Clause and First Amendment. The Court stated its order is final and appealable. A copy of the court’s order is available here, and the memorandum opinion is available here.
In its decision, the court took no action as to the 2020 Title IX Regulations. The U.S. Department of Education previously stated its position that the 2020 Title IX Regulations were applicable in those states and for those schools where enforcement of the 2024 Title IX Regulations were judicially enjoined. Assuming no change in the Department’s position, this would indicate that the 2020 Title IX Regulations now remain in effect.
The court’s decision creates multiple complex issues for school districts in complying with their Title IX obligations. We will be carefully monitoring further information as it becomes available, including from the U.S. Department of Education, and any future activity in this case. We will continue to provide updates to help guide decision-making for your school districts.
Please stay tuned and contact any HLERK attorney with questions.
