District judges express hope for administration in state Title IX challenges

A majority ruling by the U.S. Court of Appeals for the Fifth and Sixth Circuits followed suit, rejecting Education Department requests to stay orders blocking Title IX changes from going into effect on Aug. 1. But two judges were the first to side with the Biden administration’s mandatory gender identification rules.

Many states have challenged the final Title XI regulations issued by the Education Department in April. Many Republican-led states have had great success arguing that the agency overstepped its authority by issuing the new regulations, as well as with respect to the agency’s pending appeal, which seeks to stay part of the preliminary injunction.