On January 9, 2025, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the many lawsuits blocking Biden’s 2024 Title IX regulations. In response to these lawsuits, the Court determined the rulings violated the Constitution, specifically in defining “gender identity” as a protected category within sex-based harassment.
As a result, the Department of Education released a Dear Colleague Letter instructing all K-12 and higher education institutions to now operate under the 2020 rulings. The letter also defined “sex” to mean the “objective, immutable characteristic of being born male or female.”
Case Context and Background
At its core, Tennessee vs. Cardona reflects ongoing debate surrounding gender identity, sex discrimination, and how to enforce federal protections in education. When the Biden administration released its 2024 regulations, more than half of the United States blocked the ruling in response. These arguments expressed that the federal guidance infringed upon states’ rights when in redefining Title IX protections, specifically those surrounding gender identity and sexual orientation.
Many states maintained that allowing Title IX to include gender identity threatened womens’ protection under the law and that it was never meant to include gender identity or sexual orientation. Lawsuits also presented concerns about how these interpretations would affect restroom and locker room access, participation in athletics, and the use of pronouns in schools, and overall force school administrators to act against their beliefs.
Challenges for Title IX Professionals
With the federal law pendulum constantly swinging, Title IX Coordinators must balance complying with the law while also addressing the unique needs of their school communities.
The results of Tennessee vs. Cardona creates several challenges:
Policy Shifting
Schools that were acting under the 2024 regulations must now revert back to 2020’s, creating a burden for relearning policy, communicating an updated message, and updating all materials to reflect the reinstated version of the law.
Community Tensions
Title IX professionals often face competing pressures from stakeholders with differing views on issues like gender identity. Balancing the rights and needs of LGBTQIA+ students with the concerns of parents, staff, and community members requires sensitivity and effective communication.
Risk of litigation
The lack of clarity increases the risk of lawsuits from both sides. Schools could face legal challenges for failing to protect LGBTQIA+ students or for adopting policies perceived as overreaching by other community members.
Training and Education
Keeping staff and students informed about their rights and responsibilities under Title IX is more complex in an environment of legal uncertainty. Title IX professionals must ensure that training programs are up-to-date and reflect the most current legal interpretations.
Moving Forward
With the 2020 regulations now back in place, Title IX professionals must take proactive steps to navigate this evolving landscape:
Stay Informed. Regularly monitor legal developments and guidance from the Department of Education, state agencies, and professional organizations.
Engage Stakeholders. Foster open dialogue with students, parents, and staff to build understanding and support for inclusive policies.
Document Policies. Ensure that policies and procedures are clearly documented and grounded in current law to reduce the risk of litigation.
Consult Experts. Work with legal counsel to address complex compliance questions.
How we can Help
For up-to-date information on all Title IX changes and how they affect you and your institution, join us for Title IX Thursdays on the first Thursday of every month.
To prepare your entire Title IX team, see our K12 Training Series or reach out to us directly for customized training solutions.
For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].