New federal protections for LGBTQ+ youth, pregnant students, and student parents at U.S. schools and higher education institutions took effect on August 1—but not everywhere. 

The Biden administration’s final Title IX rule is being blocked in more than half of the country after the 11th U.S. Circuit Court of Appeals issued an administrative injunction, joining two other appellate courts. The U.S. Department of Education (ED) will enforce the 2020 Title IX rule in those states as legal challenges continue, and the new rule in the remaining 24 states where it is uncontested. [The New York Times, subscription model]

Further complicating matters, a separate ruling in the U.S. District Court for the District of Kansas in Topeka blocked the regulations from taking effect in more than 1,000 specific schools and colleges, including those in states without an injunction in place. The schools and colleges impacted are attended by children of members or home to chapters of three organizations fighting the regulation: Moms for Liberty, Young America’s Foundation, and Female Athletes United.

Catch up quick: In April 2024, ED made revisions to Title IX, a federal law passed in 1972 that prohibits sex-based discrimination at schools receiving federal funding.

  • The revisions define discrimination based on gender identity and sexual orientation as sex discrimination (this, for example, requires schools to allow transgender students to use bathrooms and locker rooms consistent with their gender identity, rather than their sex assigned at birth). The revisions also include new rules for how schools handle cases of sexual harassment and assault.

Proponents argue that the final rule protects students from unnecessary invasion of privacy and harm. Critics say that the final rule is an “abuse of power,” and that ED can’t define “sex” as gender identity without congressional authorization. Advocates and experts on both sides agree, however, that the “patchwork” of Title IX rules will cause confusion for school administrators, higher education leaders, and students alike. [Inside Higher Ed]

What’s next: ED has requested that the Supreme Court review the scope of the injunctions in hopes of potentially narrowing them so that at least parts of the new rule could be implemented. The Supreme Court has yet to do so, as of August 1. [USA Today]