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ARTICLE · 03 SEPTEMBER 2024

Courts Continue To Rule Against US DOE

Taylor English Duma
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Another federal court, this one in Texas, has ruled that the U.S. Department of Education cannot enforce its most recent Title IX guidance.

United StatesConsumer Protection
Deborah Ausburn
Deborah Ausburn

Another federal court, this one in Texas, has ruled that the U.S. Department of Education cannot enforce its most recent Title IX guidance. Unlike earlier cases, this ruling is not a preliminary injunction, but granted judgment to the State of Texas on the merits in a 113-page decision.

The court first noted that the State of Texas was challenging not formal rules, but "guidance documents" consisting of a "Dear Colleague" letter, a Fact Sheet, and a Notice of Interpretation. In all of those documents, the DOE stated its intention of applying to Title IX cases the ruling in Bostock v. Clayton County, in which case the US Supreme Court found transgender expression protection by Title VII.

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