In Department of Education v. Louisiana, (US Sup. Ct., Aug. 16, 2024), the U.S. Supreme Court refused to stay preliminary injunctions that two district courts issued to prevent enforcement of the Department of Education’s new rules under Title IX. The new rules, in part, expand the definition of sex discrimination under Title IX to include discrimination on the basis of sexual orientation and gender identity. All the Justices agreed that the injunctions should remain in place as to this portion of the new rules. Justice Sotomayor, joined by Justices Kagan, Gorsuch and Jackson would have allowed other portions of the new rules to go into effect. Liberty Counsel issued a press release announcing the court’s decision.
