In State of Alabama v. U.S. Secretary of Education, (11th Cir., Aug. 22, 2024), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, issued an injunction pending appeal barring enforcement in Alabama, Florida, Georgia, and South Carolina of the Department of Education's new rules under Title IX. The new rules define discrimination on the basis of sex as including discrimination on the basis of gender identity. They also reduce the threshold for concluding that conduct amounts to sex discrimination. The majority pointed out:
Before this action, every court to consider the issue across the nation—seven district courts and two courts of appeals— preliminarily enjoined enforcement of the rule. The district court here, by contrast, refused to enjoin the rule a day before it was supposed to go into effect.
Judge Wilson dissented contending that plaintiffs have not shown the irreparable injury required for obtaining an injunction. ADF issued a press release announcing the decision.
