Regina Lambert Hillman (University of Memphis – Cecil C. Humphreys School of Law) has posted Boosted By Bostock: LGBTQ1 Title Ix Protections on SSRN. Here is the abstract:
This article addresses the effect of the Supreme Court’s decision in Bostock v. Clayton County, Georgia, holding that Title VII’s prohibition on sex discrimination includes discrimination based on sexual orientation and gender identity, on Title IX. The article addresses the split in the circuits on this issue, arguing for the Supreme Court to intervene and resolve the conflict, and addresses the release of the short-lived 2024 Title IX Final Rule issued under President Biden after completing the required APA process. Although the 2024 Rule was vacated in full nationwide by a Kentucky district court on January 9, 2025, making the 2020 Title IX final rule effective, President Trump’s anti-LGBTQ executive orders and policy exclude Title IX sex discrimination protections based on sexual orientation and gender identity, circuit precedent conflicts with this view.