Case: Tennessee v. United States Department of Education

3:21-cv-00308 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Aug. 30, 2021

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Case Summary

In this case, twenty states challenged the Biden Administration Education Department’s and EEOC’s rules prohibiting discrimination based on sexual orientation and/or gender identity. Background: On June 15, 2020, the United States Supreme Court held in Bostock v. Clayton County, 590 U.S. 644, (2020), that Title VII of the Civil Rights Act of 1964, which governs employment discrimination, prohibits discrimination based on sexual orientation and gender identity. Title IX of the Education Amend…

In this case, twenty states challenged the Biden Administration Education Department’s and EEOC’s rules prohibiting discrimination based on sexual orientation and/or gender identity.

Background:

On June 15, 2020, the United States Supreme Court held in Bostock v. Clayton County, 590 U.S. 644, (2020), that Title VII of the Civil Rights Act of 1964, which governs employment discrimination, prohibits discrimination based on sexual orientation and gender identity. Title IX of the Education Amendments Act governs education, and contains similar language to Title VII; how Bostock applies to it is contested.

On June 22, 2021, in response to Bostock, the United States Department of Education (DoEd) issued an “Interpretation” of Title IX in the Federal Register, announcing its determination that Title IX did prohibit discrimination based on sexual orientation and gender identity. Therefore, according to DoEd, schools receiving federal funding were prohibited from such discrimination. On June 23, 2023, DoEd published a “Dear Educator” letter asserting that DoEd would “fully enforce Title IX to prohibit discrimination based on sexual orientation and gender identity.” A Fact Sheet accompanied the “Dear Educator” letter.

On June 15, 2021, the United States Department of Labor’s EEOC issued a technical assistance document regarding Title VII. The EEOC Document prohibited state employers, regardless of customer preferences, from discriminating based on sexual orientation and gender identity.

Case Summary:

On August 30, 2021, twenty states, by their (Republican) attorneys general, brought this lawsuit against the DoEd and the EEOC in the United States District Court for the Eastern District of Tennessee, challenging those agencies’ directives extending federal sex discrimination protections to transgender people in schools and government employment. The plaintiff states alleged that DoEd and EEOC misinterpreted Bostock’s holding, failed to follow required procedures, exceeded their statutory authority, and violated the separation of powers doctrine, First Amendment, Tenth Amendment, Administrative Procedure Act (APA), and the United States Constitution's Spending Clause.

On September 2, 2021 (three days after filing suit), the plaintiff states moved for a preliminary injunction against DoEd and EEOC, seeking to enjoin DoEd from enforcing its Interpretation, “Dear Educator” letter, and Fact Sheet. (In other words, the states sought to enjoin DoEd from enforcing Title IX against schools discriminating based on sexual orientation or gender identity.) The plaintiff states also sought to enjoin EEOC from enforcing the EEOC document. On September 23, 2021, DoEd and EEOC filed a combined response and a motion to dismiss, alleging that the states both lacked standing and failed to state a plausible claim for relief.

Meanwhile, on October 4, 2021, the Association of Christian Schools International (ASCI) and associated minors filed a motion to intervene in the lawsuit. ASCI is a non-profit corporation consisting of private Christian schools.

On July 15, 2022, the court granted a preliminary injunction against DoEd and EEOC, barring the agencies from implementing the Interpretation, Dear Educator, Fact Sheet, and technical assistance document against the plaintiff states. The court also denied DoEd's and EEOC’s motion to dismiss.

On September 13, 2022, DoEd and EEOC appealed the court’s decisions to the United States Court of Appeals for the Sixth Circuit.

In district court, on September 14, 2022, the court ruled that ASCI lacked standing for its standalone causes of action against DoEd, but permitted ASCI to intervene in the complaint strictly as to its claims and requests for relief that overlapped with the state plaintiffs. ASCI filed its intervening complaint in the case on September 19, 2022.

Similar litigation was simultaneously going on in other districts; the U.S. District Court for the Northern District of Texas vacated the EEOC technical assistance document and issued a declaratory judgment that it was unlawful, on Oct. 1, 2022 in Texas v. EEOC. Subsequently, the EEOC no longer defended its technical assistance document in this lawsuit.

On November 3, 2022, the court stayed further proceedings in the case while DoEd’s interlocutory appeal was pending. The Sixth Circuit Court of Appeals issued its opinion regarding DoEd's appeal on June 14, 2024. In a 2-1 decision, the Sixth Circuit ruled that (1) the plaintiff states had standing to file suit, (2) the states’ claims against DoEd were reviewable by courts under the APA, and (3) the district court’s preliminary injunction was appropriate because the states appeared “likely to succeed in their claim that the [DoEd documents] amount to a legislative rule and therefore should be set aside.” On July 10, 2024, the district court lifted the stay it had entered on November 3, 2022.

Meanwhile, on March 10, 2023, Arizona, one of the 20 state plaintiffs, had filed a motion seeking to remove itself as a plaintiff in the lawsuit. Three days later, the other 19 plaintiff states filed a motion in opposition. On July 19, 2024, the district court denied Arizona’s motion. The court held that it lacked jurisdiction to dismiss a party while (a) an appeal was pending and (b) dismissing the party would "substantively" narrow the underlying preliminary injunction subject to the appeal. Because because the Sixth Circuit had not yet issued a mandate and because the court held that dismissing Arizona would substantively narrow the scope of the underlying preliminary injunction, the court denied Arizona's motion. Arizona to withdraw from the lawsuit would force the court to modify its preliminary injunction. However, once the Sixth Circuit mandate issued (on August 7, 2024), Arizona renewed its motion to remove itself as a plaintiff, and the district court dismissed Arizona as a party to the case.

On August 14, 2024, the district court administratively closed this case--that is, it maintained the case on the docket, but paused actual litigation. The court reasoned that some of the plaintiffs’ claims were moot and for others, a practically identical challenge would soon be before the Fifth Circuit. In its decision, the district court noted: (1) the EEOC’s technical assistance document had been vacated (as described above) so that claims relating to that document were moot. (2) On June 11, 2024, another district judge in the N.D. of Texas issued a final judgment declaring unlawful the same Title IV documents at issue in this case, see Texas v. Cardona, 2024 WL 3658767 (N.D. Texas Aug. 5, 2024), and that DoEd had not yet decided whether it would appeal. (3) DoEd had amended the regulations, with the final regulations becoming effective on August 1, 2024, and several lawsuits had been filed to prevent the final rule from taking effect.

	Document
1 3:21-cv-00308	Complaint	Aug. 30, 2021	Aug. 30, 2021 Complaint
86 3:21-cv-00308	Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss	July 15, 2022	July 15, 2022 Order/Opinion 615 F.Supp.3d 807
102 3:21-cv-00308	Memorandum Opinion and Order	Sept. 14, 2022	Sept. 14, 2022 Order/Opinion
143 3:21-cv-00308	Opinion U.S. Court of Appeals for the Sixth Circuit	June 14, 2024	June 14, 2024 Order/Opinion 104 F.4th 577
154 3:21-cv-00308	Order State of Tennessee v. United States Department of Education	July 19, 2024	July 19, 2024 Order/Opinion
163 3:21-cv-00308	Order	Aug. 14, 2024	Aug. 14, 2024 Order/Opinion
169 3:21-cv-00308	Order	Oct. 15, 2024	Oct. 15, 2024 Order/Opinion
175 3:21-cv-00308	Order	Nov. 19, 2024	Nov. 19, 2024 Order/Opinion

Title		External URL Date / External URL
Dear Colleague Letter [rescinding prior letters relating to bathroom access for trans students] Sandra Battle & T.E. Wheeler	Feb. 22, 2017	Feb. 22, 2017 https://assets.documentcloud.org/...
Dear Colleague Letter on Transgender Students Catherine E. Lhamon and Vanita Gupta	May 13, 2016	May 13, 2016 https://www2.ed.gov/...
Examples of Policies and Emerging Practices for Supporting Transgender Students United States Department of Education	May 2016	May 1, 2016 https://www2.ed.gov/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-4829401.), filed by Louisiana, State of, Idaho, State of, Oklahoma, State of, Alabama, State of, State of Tennessee, South Carolina, State of, Ohio, State of, Missouri, State of, Georgia, State of, Alaska, State of, Kansas, State of, Mississippi, State of, West Virginia, State of, Montana, State of, Nebraska, State of, Indiana, State of, Arizona, State of, South Dakota, State of, Kentucky, Commonwealth of, Arkansas, State of. (Attachments: # 1 Other Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Other Attachment to Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Cloutier, Matt) (Attachment 1 replaced on 8/31/2021) (JCK). (Entered: 08/30/2021) 1 Other Civil Cover Sheet View on RECAP 2 Exhibit Exhibit A View on RECAP 3 Exhibit Exhibit B View on RECAP 4 Exhibit Exhibit C View on RECAP 5 Exhibit Exhibit D View on RECAP 6 Other Attachment to Civil Cover Sheet View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER	Aug. 30, 2021	Aug. 30, 2021 Clearinghouse
	Add and Terminate Judges	Aug. 31, 2021	Aug. 31, 2021 PACER
	District Judge Charles E Atchley, Jr and Magistrate Judge Debra C Poplin added. (JCK)	Aug. 31, 2021	Aug. 31, 2021 PACER
2	NOTICE of Deficiency (PDF) re 1 Complaint, Civil Cover Sheet was filed in a fillable format (JCK) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
	Clerk's Verification of PHV Requirements	Aug. 31, 2021	Aug. 31, 2021 PACER
3	NOTICE of Deficiency (Pro Hac) Attorneys Sara K. Campbell, Clark L. Hildabrand, Brandon J. Smith, A. Barrett Bowdre, Cori M. Mills, Kate B. Sawyer, Nicholas J.Bronni, Vincent Wagner, Drew F. Waldbeser, W. Scott Zanzig, Thomas M. Fisher, Kurtis K. Wiard, Marc Manley Courtney Albini, Elzabeth B. Murrill, J. Scott St. John, Justin Matheny, D. John Sauer, Davis M.S. Dewhirst, Christian B. Corrigan,James B. Campbell, Benjamin M. Flowers, Zach West, J. Emory Smith, Jr. Jason R. Ravnsborg, Lindsay S. See are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vic (Copy of Notice mailed to all deficient attorneys)(JCK) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
4	Summons Issued as to Charlotte Burrows, Miguel Cardona, Kristen Clarke, Equal Employment Opportunity Commission, Merrick Garland, United States Department of Education, United States Department of Justice, and U.S. Attorney General (Attachments: # 1 Summons Miguel Cordona, # 2 Summons Equal Employment Opportunity Commission, # 3 Summons Charlotte Burrows, # 4 Summons U.S. Department of Justice, # 5 Summons U.S. Attorney General, # 6 Summons Kristen Clarke)(JCK) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
5	Order Governing Depositions Signed by District Judge Charles E Atchley, Jr on 8/31/2021. (JCK) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
6	Order Governing Motions To Dismiss Signed by District Judge Charles E Atchley, Jr on 8/31/2021. (JCK) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
7	Order Governing Sealing Confidential Information Signed by District Judge Charles E Atchley, Jr on 8/31/2021. (JCK) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
8	MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043226.) by The State of Indiana. (ABF) (Entered: 08/31/2021)	Aug. 31, 2021	Aug. 31, 2021 PACER
	Clerk's Verification of PHV Requirements is complete regarding document: 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Indiana (ABF)	Aug. 31, 2021	Aug. 31, 2021 PACER
9	ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/1/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 09/01/2021)	Sept. 1, 2021	Sept. 1, 2021 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 1, 2021	Sept. 1, 2021 PACER
10	MOTION for Preliminary Injunction by The Commonwealth of Kentucky, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of Georgia, The State of Idaho, The State of Indiana, The State of Kansas, The State of Louisiana, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of Ohio, The State of Oklahoma, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of West Virginia. (Cloutier, Matt) (Entered: 09/02/2021)	Sept. 2, 2021	Sept. 2, 2021 RECAP
11	MEMORANDUM in Support of Motion re 10 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Howard H. Eley, # 2 Exhibit Declaration of Emily House, # 3 Exhibit Declaration of Eve Carney, # 4 Exhibit Declaration of Josh Mason, # 5 Exhibit Declaration of Stephen C. Raymer)(Cloutier, Matt) (Entered: 09/02/2021) 1 Exhibit Declaration of Howard H. Eley View on PACER 2 Exhibit Declaration of Emily House View on PACER 3 Exhibit Declaration of Eve Carney View on PACER 4 Exhibit Declaration of Josh Mason View on PACER 5 Exhibit Declaration of Stephen C. Raymer View on PACER	Sept. 2, 2021	Sept. 2, 2021 PACER
12	MOTION for Leave for Brandon James Smith to Appear Pro Hac Vice by The State of Tennessee. (pending admission) (ADA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
	Clerk's Verification of PHV Requirements is complete regarding document: 12 MOTION for Leave for Brandon James Smith to Appear Pro Hac Vice filed by The State of Tennessee (ADA)	Sept. 3, 2021	Sept. 3, 2021 PACER
13	MOTION for Leave for Clark Hildabrand to Appear Pro Hac Vice by The State of Tennessee. (pending admission) (ADA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
	Clerk's Verification of PHV Requirements	Sept. 3, 2021	Sept. 3, 2021 PACER
	Clerk's Verification of PHV Requirements is complete regarding document: 13 MOTION for Leave for Clark Hildabrand to Appear Pro Hac Vice filed by The State of Tennessee (ADA)	Sept. 3, 2021	Sept. 3, 2021 PACER
14	MOTION for Leave for Sarah K. Campbell to Appear Pro Hac Vice by The State of Tennessee. (pending admission) (ADA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
	Clerk's Verification of PHV Requirements is complete regarding document: 14 MOTION for Leave for Sarah K. Campbell to Appear Pro Hac Vice filed by The State of Tennessee (ADA)	Sept. 3, 2021	Sept. 3, 2021 PACER
15	MOTION for Leave for Kurtis K. Wiard to Appear Pro Hac Vice (Filing fee $ 90.00 paid K3043246) by The State of Kansas. (ADA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
	Clerk's Verification of PHV Requirements is complete regarding document: 15 MOTION for Leave for Kurtis K Wiard to Appear Pro Hac Vice (Filing fee $ 90.00 paid) filed by The State of Kansas (ADA)	Sept. 3, 2021	Sept. 3, 2021 PACER
16	MOTION for Leave for Drew F. Waldbeser to Appear Pro Hac Vice (Filing fee $ 90.00 paid receipt K3043245) by The State of Georgia. (no certificate attached) (ADA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
17	NOTICE of Deficiency (Pro Hac) 16 MOTION for Leave for Drew F Waldbeser to Appear Pro Hac Vice (Filing fee $ 90.00 paid) : no certificate of good standing submitted(ADA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 RECAP
18	ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 12 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 13 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 14 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/3/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
	Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice	Sept. 3, 2021	Sept. 3, 2021 PACER
19	NOTICE of Appearance by Joshua E Gardner on behalf of All Defendants (Gardner, Joshua) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
	Clerk's Verification of PHV Requirements	Sept. 7, 2021	Sept. 7, 2021 PACER
20	MOTION for Leave to Appear Pro Hac Vice by Attorney J Emory Smith (Filing fee $ 90 - Receipt K3043627) by The State of South Carolina. (RLK) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
21	MOTION for Leave to Appear Pro Hac Vice by Attorney James A. Campbell (Filing fee $ 90 - Receipt K3043268) by The State of Nebraska. (RLK) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
22	MOTION for Leave to Appear Pro Hac Vice by Attorney Jason Ravnsborg (Filing fee $ 90 - K3043266) by The State of South Dakota. (RLK) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
23	MOTION for Leave to Appear Pro Hac Vice by Attorney Justin L. Matheny (Filing fee $ 90 - K3043269) by The State of Mississippi. (RLK) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
	Clerk's Verification of PHV Requirements is complete regarding document: 23 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Mississippi, 20 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of South Carolina, 21 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Nebraska, 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of South Dakota (RLK)	Sept. 7, 2021	Sept. 7, 2021 PACER
24	ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 21 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 23 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/8/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 9/8/2021 to indicate c/m to these 4 attorneys that have been granted phv admission (ABF). (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021 PACER
25	MOTION for Benjamin Flowers to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043271.) by The State of Ohio. (ABF) (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021 PACER
	Clerk's Verification of PHV Requirements	Sept. 8, 2021	Sept. 8, 2021 PACER
26	MOTION for Christian Corrigan to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043272.) by The State of Montana. (ABF) (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021 PACER

Case: Tennessee v. United States Department of Education

3:21-cv-00308 | U.S. District Court for the Eastern District of Tennessee

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