As the new school year begins, educational institutions across the United States are grappling with a patchwork implementation of the Biden administration’s new Title IX rules. The situation arises following a recent U.S. Supreme Court decision that blocked enhanced LGBTQ+ protections encompassed in the updated Title IX regulations. This ruling particularly affects at least 26 states where the new rules were set to be enforced.
On August 16, 2024, the Supreme Court upheld rulings by the U.S. Court of Appeal for the Fifth and Sixth circuits that previously blocked the implementation of the updated Title IX rules. The new rules, which aimed to extend the definition of sex discrimination to include sexual orientation and gender identity, were challenged on the grounds that certain provisions might be unlawful. The Court’s decision adds a layer of uncertainty as schools attempt to navigate the fragmented legal landscape( “the Supreme Court”).
Educational institutions are now expected to adopt a cautious approach. “There are certain things in the 2024 rule that, even if you are not adopting, the institution might still want to implement,” said Scott Goldschmidt, a partner with Thompson Coburn in Washington, D.C. Elements like student and employee training remain essential to positioning schools to defend against potential Title IX actions. However, the landscape remains murky, and institutions may need to learn to operate within these gray areas.
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