In a recent development, two judges from the U.S. Courts of Appeals for the Fifth and Sixth circuits have provided a sliver of optimism for the Biden administration regarding its gender-identity mandate provisions within the revised Title IX regulations. Despite the majority opinions in both circuits denying the Department of Education’s requests to stay orders blocking the August 1 enactment of the rule changes, these two judges have emerged as the first to support the administration’s position.
The updated Title IX regulations, issued by the Department of Education in April, have been met with significant opposition from multiple states, particularly those led by Republicans. These states have largely succeeded in their arguments that the agency exceeded its authority in promulgating these new rules. The ongoing debate, as outlined in the original article, underscores the legal challenges faced by the administration.
Patricia Hamill, a member and co-chair of the Title IX and campus discipline practice at Clark Hill, noted the legal landscape by stating, “The Sixth Circuit has telegraphed that the expansion of Bostock v. Clayton County’s definition of sex discrimination into other areas, including Title IX, is likely dead on arrival or at least in for a substantial uphill battle.”
The future of the Title IX regulation changes appears uncertain as the legal tug-of-war continues. For further details on the ongoing legal disputes, refer to the final version of Title IX regulations and related legal analysis.