July 27, 2024

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Judge expands Title IX injunction to hundreds of schools in 44 states

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In early July, Federal Judge for the District of Kansas John Broomes issued a preliminary injunction halting the implementation of the Biden administration’s Title IX transgender regulations — which would have required schools to allow biological males who identify as females to shower with biological girls in school locker rooms. It also would have required schools and universities to allow biological males who identify as girls to compete in girls’ sports.

Roughly two weeks later, court documents show that Broomes expanded the initial injunction — which originally only covered Kansas Alaska, Utah, and Wyoming — to specific schools in 44 states, including a single middle school in Oklahoma attended by a student plaintiff in the lawsuit and any school attended by someone whose parent is a member of Moms for Liberty, Young America’s Foundation, or Female Athletes United.

Two exhibits were provided to the court, one identifying 429 K-12 schools in 44 states and another identifying 687 colleges and universities.

The injunction already covered the Kansas K-12 schools and colleges listed on the exhibits; they are included on the exhibits only because at least one student has a parent who is a member of plaintiff organizations.

The number of K-12 schools covered by the Title IX injunction varies by state, with California having the most at 98.

The rest are, in order: 

  • Alabama — 5
  • Arkansas — 1
  • Arizona — 8
  • Colorado — 10
  • Connecticut — 9
  • Delaware — 2
  • Florida — 14
  • Georgia — 11 
  • Iowa — 4
  • Idaho — 3
  • Illinois — 12
  • Indiana — 5
  • Kentucky — 4 
  • Louisiana — 1
  • Massachusetts — 4
  • Maryland — 9
  • Maine — 3
  • Michigan — 9
  • Minnesota — 4 
  • Missouri — 10 
  • Mississippi — 2
  • Nebraska — 2
  • Nevada — 4
  • New Hampshire — 2
  • New Jersey — 2
  • New Mexico — 3
  • New York — 20
  • North Carolina — 24
  • North Dakota — 1
  • Ohio — 7
  • Oklahoma — 2
  • Oregon — 7
  • Pennsylvania — 12 
  • South Carolina — 6 
  • Tennessee — 11 
  • Texas — 29 
  • Utah — 11
  • Virginia — 14 
  • Vermont — 1
  • Washington — 10
  • Wisconsin — 26
  • Wyoming — 2

The Biden administration has said it plans to appeal the case to the U.S. 10th Circuit Court of Appeals, and it requested Broomes to delay part of the Title IX injunction as it applied to schools attended by members of the plaintiff groups who joined the lawsuit after it was filed.

 

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