New Title IX Rule Blocked in Another 4 States

A federal district judge on Tuesday blocked the Biden administration from enforcing its new regulations for Title IX of the Education Amendments of 1972 in Alaska, Kansas, Utah and Wyoming.

Judge John Broomes of the District of Kansas wrote in a 47-page opinion that the Education Department lacked the authority to expand prohibited sex-based discrimination under Title IX to include discrimination based on gender identity and that the new regulations could chill speech “through vague and overbroad language.” The protections for LGBTQ+ students are at the heart of the Kansas lawsuit and other legal challenges.

Following Broomes’s order, the regulations—set to take effect Aug. 1—are now temporarily blocked in 14 states. He’s the third federal judge in the last month to rule against the Biden administration. Broomes also put the regulations on hold at any school or college attended by members of three organizations that joined the states in suing—Young America’s Foundation, Female Athletes United and Moms for Liberty.

Young America’s Foundation, a conservative student group, has chapters at colleges throughout the country. Moms for Liberty is a nationwide conservative group focused primarily on K-12 schools, while Female Athletes United is a smaller conservative group that advocates for the “protection and integrity of female athletics.” The organizations will now file a notice with the court identifying the schools where their members attend. That list is due by July 15 and will provide more information about the scale and breadth of this latest injunction.

Broomes noted that the order doesn’t prevent a school or college from adopting new policies. But the Education Department can’t enforce the new Title IX rule or impose consequences for those that fail to comply.

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