Case: State of Arkansas v. United States Department of Education

4:24-cv-00636 | U.S. District Court for the Eastern District of Missouri

Filed Date: May 7, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Biden administration’s 2024 Title IX Rule, which broadened the interpretation of “sex discrimination” to include protections for LGBTQ+ students, addressing discrimination based on sex stereotypes, sex characteristics, pregnancy, sexual orientation, and gender identity. On May 7, 2024, Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and a 15-year-old female resident of Jonesboro, Arkansas, represented by her mother, filed a lawsuit in the United States D…

This case challenged the Biden administration’s 2024 Title IX Rule, which broadened the interpretation of “sex discrimination” to include protections for LGBTQ+ students, addressing discrimination based on sex stereotypes, sex characteristics, pregnancy, sexual orientation, and gender identity.

On May 7, 2024, Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and a 15-year-old female resident of Jonesboro, Arkansas, represented by her mother, filed a lawsuit in the United States District Court for the Eastern District of Missouri - St. Louis Division against the U.S. Secretary of Education and the U.S. Department of Education, the Assistant Secretary for Civil Rights at the U.S. Department of Education, and the Deputy Assistant Secretary for Enforcement at the U.S. Department of Education. The case was assigned to Judge Rodney W. Sippel.

The plaintiffs sought injunctive relief enjoining defendants and any other agency or employee of the United States from enforcing or implementing the portions of the Final Rule that violate Title IX of the Education Amendments of 1972, the Administrative Procedure Act (APA), 5 U.S.C. §§ 551–559, and the federal Constitution. They also sought declaratory relief declaring that the Final Rule’s interpretation of Title IX is unlawful, arbitrary, and capricious. Additionally, they sought a declaration that the plaintiff States will continue to receive funding and that the Final Rule’s requirements will not be enforced against the plaintiff minor and other similarly situated individuals.

Before this case started, on April 29, 2024, the Biden administration announced its final rule interpreting Title IX, to go into effect on August 1, 2024. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Financial Assistance, 89 Fed. Reg. 33,474 (Apr. 29, 2024). The Rule gives LGBTQ+ students and others explicit protection from sex discrimination “based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” 

Plaintiffs based their claim on the grounds that the Rule exceeded statutory authority. They argued that the Department’s redefinition of sex discrimination was unlawful because it contravened Title IX’s text. Title IX’s prohibition of discrimination “on the basis of sex” referred only to biological sex and did not include protections based on sexual orientation or gender identity. By rewriting the statute to extend the scope to sexual orientation and gender identity, the Department has exceeded its authority under the APA. Plaintiffs also argued that the Final Rule interpretation of Title IX would require religious students –particularly Christians– to speak or use titles or pronouns in a manner that violates their beliefs, violating the Religious Freedom Restoration Act of 1993 (RFRA). They maintained that the Department had no compelling interest in requiring such speech.

The plaintiffs contended that the Rule violates the U.S. Constitution in three key ways: First, under the Spending Clause, they argued that any conditions on federal funding, like those in Title IX, must be expressed “unambiguously” by Congress, which the Rule failed to do; moreover, it coerced states into compliance with no viable alternative. Second, they invoked the Nondelegation and Major Questions Doctrines, asserting that the Department overstepped its authority by redefining “sex” under Title IX beyond its traditional, biological understanding without explicit congressional approval. Third, they argued that the Rule infringed upon the First Amendment by compelling students and school staff to use pronouns based on a student’s gender identity rather than biological sex, violating individuals' rights to refrain from using pronouns inconsistent with sex.

Furthermore, the plaintiffs alleged that the Rule is arbitrary and capricious because the Department failed to offer a reasonable explanation for the Final Rule’s departure from the historical understanding—including within previous Title IX regulations—of Title IX’s prohibition on “sex” discrimination. At the same time, the Department failed to adequately “consider and respond to significant comments received during the period for public comment” on the Final Rule. Perez v. Mortg. Bankers Ass’n, 575 U.S. 92, 96 (2015).

On July 24, 2024, the court granted the preliminary injunction petitioned with the complaint based on three factors. First, the plaintiffs demonstrated a likely success on the merits by showing a fair chance of prevailing on the argument that the Department exceeded its statutory authority by expanding definitions under Title IX. Second, irreparable harm was established, as the Final Rule would prevent states from enforcing their own laws, and plaintiff A.F. faced potential violations of privacy and First Amendment rights. Finally, the balance of equities favored the plaintiffs, as their interest in protecting constitutional rights outweighed any harm to the Department from temporarily halting an allegedly unlawful rule. 

On October 15, 2024, the court granted the joint motion to stay proceedings pending defendant’s appeal of the preliminary injunction before the Eight Circuit Court of Appeals (Arkansas v. Cardona, 24-2921 (8th Cir.)). The case is still ongoing.

 

Summary Authors

Mario Campos (10/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68506298/parties/state-of-arkansas-v-united-states-department-of-education/


Judge(s)
Attorney for Plaintiff

Axt, Philip (Missouri)

Bronni, Nicholas J. (Missouri)

Attorney for Defendant

Bailey, Clayton Louis (Missouri)

Expert/Monitor/Master/Other

Borden, Matthew Brooks

Chandy, Sunu (Missouri)

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Documents in the Clearinghouse

Document
1

4:24-cv-00636

Complaint for Injunctive and Declaratory Relief

State of Arkansas v. States Department of Education

May 7, 2024

May 7, 2024

Complaint
9

4:24-cv-00636

Motion for a 5 U.S.C. 705 Stay and Preliminary Injunction

May 21, 2024

May 21, 2024

Pleading / Motion / Brief
54

4:24-cv-00636

Memorandum & Order

July 24, 2024

July 24, 2024

Order/Opinion

2024 WL 3518588

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68506298/state-of-arkansas-v-united-states-department-of-education/

Last updated April 12, 2025, 9:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against defendant All Defendants with receipt number AMOEDC-10588110, in the amount of $405 Non-Jury Demand,, filed by State of South Dakota, State of Iowa, A. F., State of Missouri, State of Arkansas, State of Nebraska, State of North Dakota. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Original Filing Form Original Filing Form, # 3 Summons Lhamon Summons, # 4 Summons Wills Summons, # 5 Summons Cardona Summons, # 6 Summons Dept of Education Summons, # 7 Summons US Attorney General Summons, # 8 Summons EDMO USAO Summons)(Jacobs, Dylan) (Entered: 05/07/2024)

1 Civil Cover Sheet Civil Cover Sheet

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2 Original Filing Form Original Filing Form

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3 Summons Lhamon Summons

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4 Summons Wills Summons

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5 Summons Cardona Summons

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6 Summons Dept of Education Summons

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7 Summons US Attorney General Summons

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8 Summons EDMO USAO Summons

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May 7, 2024

May 7, 2024

Clearinghouse

Case Opening Notification. Judge Assigned: Honorable Rodney W. Sippel. 6 Summons(es) issued and emailed to Dylan L. Jacobs. (JBH)

May 7, 2024

May 7, 2024

PACER
2

MOTION for Leave to Appear Pro Hac Vice Jonathan A. Scruggs. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10589779) by Plaintiff A. F.. (Attachments: # 1 Certificate of Good Standing Exhibit A)(Scruggs, Jonathan) (Entered: 05/07/2024)

1 Certificate of Good Standing Exhibit A

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May 7, 2024

May 7, 2024

RECAP
3

MOTION for Leave to Appear Pro Hac Vice Henry W. Frampton, IV. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10589865) by Plaintiff A. F.. (Attachments: # 1 Certificate of Good Standing Exhibit A)(Frampton, Henry) (Entered: 05/07/2024)

1 Certificate of Good Standing Exhibit A

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May 7, 2024

May 7, 2024

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4

MOTION for Leave to Appear Pro Hac Vice Natalie D. Thompson. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10590097) by Plaintiff A. F.. (Attachments: # 1 Certificate of Good Standing Exhibit A)(Thompson, Natalie) (Entered: 05/07/2024)

1 Certificate of Good Standing Exhibit A

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May 7, 2024

May 7, 2024

RECAP
5

MOTION for Leave to Appear Pro Hac Vice Rachel A. Rouleau. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10592414) by Plaintiff A. F.. (Attachments: # 1 Certificate of Good Standing Exhibit A)(Rouleau, Rachel) (Entered: 05/08/2024)

1 Certificate of Good Standing Exhibit A

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May 8, 2024

May 8, 2024

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6

Docket Text ORDER: IT IS HEREBY ORDERED the pending Motions for Leave to Appear Pro Hac Vice 2, 3, 4, and 5 are ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 5/9/2024. (KEK) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER

A Docket Text Order

May 9, 2024

May 9, 2024

PACER
7

ENTRY of Appearance by Lincoln J. Korell for Plaintiff The State of Nebraska. (Korell, Lincoln) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP
8

ENTRY of Appearance by Charles McGuigan for Plaintiff The State of South Dakota. (McGuigan, Charles) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
9

MOTION for Preliminary Injunction and Stay of Final Rule by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 Exhibit DOE Final Rule, # 2 Exhibit State Comment Letter, # 3 Exhibit A.F. Declaration)(Jacobs, Dylan) (Entered: 05/21/2024)

1 Exhibit DOE Final Rule

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2 Exhibit State Comment Letter

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3 Exhibit A.F. Declaration

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May 21, 2024

May 21, 2024

Clearinghouse
10

MOTION for Leave to Exceed Page Limit by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 Attachment Proposed Brief)(Jacobs, Dylan) (Entered: 05/21/2024)

1 Attachment Proposed Brief

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May 21, 2024

May 21, 2024

PACER
11

Docket Text ORDER: Re: 10 MOTION for Leave to Exceed Page Limit by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 Attachment Proposed Brief)(Jacobs, Dylan); ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 05/22/2024. (KRZ) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER

A Docket Text Order

May 22, 2024

May 22, 2024

PACER
12

MEMORANDUM in Support of Motion re 9 MOTION for Preliminary Injunction and Stay of Final Rule filed by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Jacobs, Dylan) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

RECAP
13

ENTRY of Appearance by Nicholas J. Bronni for Plaintiff The State of Arkansas. (Bronni, Nicholas) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
14

MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction and Stay of Final Rule and unopposed motion to exceed page limits by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Solomon-Strauss, Hannah) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

RECAP
15

Docket Text ORDER: Re: 14 MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction and Stay of Final Rule and unopposed motion to exceed page limits by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Solomon-Strauss, Hannah) filed by Catherine E. Lhamon, Randolph Wills, Miguel Cardona, United States Department of Education; ORDERED GRANTED over plaintiffs' objections. Signed by Sr. District Judge Rodney W. Sippel on 5/29/2024. (KEK) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER

A Docket Text Order

May 29, 2024

May 29, 2024

PACER

Electronic Notice of Filing Deficiency (Teams & Cape)

May 29, 2024

May 29, 2024

PACER
16

NOTICE of Filing Deficiency re 14 MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction and Stay of Final Rule and unopposed motion to exceed page limits. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Attorney Hannah Solomon-Strauss has not filed an Entry of Appearance in this case. One needs to be filed at your earliest convenience. (KEK) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
17

ENTRY of Appearance by Hannah Solomon-Strauss for Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Solomon-Strauss, Hannah) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
18

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction and Stay of Final Rule filed by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Solomon-Strauss, Hannah) (Entered: 06/14/2024)

June 14, 2024

June 14, 2024

RECAP
19

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs shall file their reply brief in support of preliminary injunction by June 21, 2024, and the parties shall file their briefs and proposed orders, and email word versions of their proposed orders to my judicial assistant, in compliance with this Memorandum and Order no later than noon on July 12, 2024. No extensions of time will be granted. IT IS FURTHER ORDERED that the proposed orders are not subject to the Court's page limitation requirements, and the parties are granted leave to file briefs of up to 20 pages long. IT IS FURTHER ORDERED that plaintiffs shall file copies of all orders either granting or denying preliminary injunctive relief in any similar case challenging the Final Rule within two (2) days of their issuance. The parties shall file copies of all such orders that have already been entered by no later than noon on June 22, 2024. Signed by Sr. District Judge Rodney W. Sippel on 6/21/2024. (KEK) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

RECAP
20

NOTICE by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota re 19 Memorandum & Order,,, (Attachments: # 1 Louisiana Decision, # 2 Tennessee Decision)(Jacobs, Dylan) (Entered: 06/21/2024)

1 Louisiana Decision

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2 Tennessee Decision

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June 21, 2024

June 21, 2024

PACER
21

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction and Stay of Final Rule filed by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Jacobs, Dylan) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

RECAP
22

First MOTION to File Amicus Brief by Amicus State of California. (Attachments: # 1 Attachment Brief of Amici Curiae California, New Jersey, Pennsylvania, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington in Support of Defendant's Opposition to Plaintiffs' Motion for a 5 U.S.C. § 705 Stay and Preliminary Injunction, # 2 Attachment [Proposed] Order Granting Motion for Leave to Appear and File Brief as Amici Curiae in Support of Defendant's Opposition to Plaintiffs' Motion for a 5 U.S.C. § 705 Stay and Preliminary Injunction)(Nugent, Edward) (Entered: 06/21/2024)

1 Attachment Brief of Amici Curiae California, New Jersey, Pennsylvania, Colorado,

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2 Attachment [Proposed] Order Granting Motion for Leave to Appear and File Brief a

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June 21, 2024

June 21, 2024

PACER
23

MOTION for Leave to Appear Pro Hac Vice Kaitlyn Golden. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10673415) by Amicus National Women's Law Center. (Attachments: # 1 Certificate of Good Standing)(Golden, Kaitlyn) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER

Electronic Notice of Filing Deficiency (Teams & Cape)

June 24, 2024

June 24, 2024

PACER

Entry of Appearance

June 24, 2024

June 24, 2024

PACER
24

MOTION to File Amicus Brief in Opposition to Plaintiffs' Motion for a 5 USC 705 Stay and Preliminary Injunction by Amicus National Women's Law Center. (Attachments: # 1 Attachment Memorandum in Support of Motion for Leave to File, # 2 Exhibit A - Amicus Brief)(Golden, Kaitlyn) (Entered: 06/24/2024)

1 Attachment Memorandum in Support of Motion for Leave to File

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2 Exhibit A - Amicus Brief

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June 24, 2024

June 24, 2024

PACER
25

DOCUMENT FILED AS AN EOA BUT IS A PRO HAC MOTION FOR SHIWALI PATEL. COUNSEL DIRECTED TO REFILE CORRECTLY. Modified on 6/24/2024 (KEK). (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
26

NOTICE of Filing Deficiency re 20 Notice (Other), 21 Reply to Response to Motion, filed by Plaintiffs The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: The attorney's signature on the signature block must match the name of the e-filer. This is an informational notice and no further action is needed at this time. All future filings must be in compliance with this rule. (KEK) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
27

NOTICE of Filing Deficiency re 25 Entry of Appearance filed by Amicus National Women's Law Center. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Counsel used the wrong filing event for this document. The entry has been stricken and the document must be refiled by counsel using the correct event, Motion to Appear Pro Hac Vice (KEK) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
28

MOTION for Leave to Appear Pro Hac Vice Emily Martin. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10674308) by Amicus National Women's Law Center. (Attachments: # 1 Certificate of Good Standing Emily Martin Certificate of Good Standing)(Martin, Emily) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
29

MOTION for Leave to Appear Pro Hac Vice Shiwali Patel. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10674321) by Amicus National Women's Law Center. (Attachments: # 1 Certificate of Good Standing D.C Bar Certificate of Good Standing)(Patel, Shiwali) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
30

MOTION for Leave to Appear Pro Hac Vice Sunu Chandy. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10674799) by Amicus National Women's Law Center. (Attachments: # 1 Certificate of Good Standing)(Chandy, Sunu) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
31

First MOTION for Leave to Appear Pro Hac Vice Anya Marino. District of Columbia The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10677574) by Amicus National Women's Law Center. (Marino, Anya) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER

A Docket Text Order

June 25, 2024

June 25, 2024

PACER
32

Docket Text ORDER: Re: 23 MOTION for Leave to Appear Pro Hac Vice Kaitlyn, Golden, 30 MOTION for Leave to Appear Pro Hac Vice Sunu Chandy. 29 MOTION for Leave to Appear Pro Hac Vice Shiwali Patel, AND 28 MOTION for Leave to Appear Pro Hac Vice Emily Martin; ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 6/25/2024. (NEP) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
33

Docket Text ORDER: Re: 22 First MOTION to File Amicus Brief by Amicus State of California AND 24 MOTION to File Amicus Brief in Opposition to Plaintiffs' Motion for a 5 USC 705 Stay and Preliminary Injunction by Amicus National Women's Law Center; ORDERED GRANTED. IT IS HEREBY ORDERED that the parties shall now file their Amicus Brief's on the record. Signed by Sr. District Judge Rodney W. Sippel on 6/26/2024. (NEP) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER

A Docket Text Order

June 26, 2024

June 26, 2024

PACER
34

AMICUS BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR A 5 USC 705 STAY AND PRELIMINARY INJUNCTION by Amicus National Women's Law Center. (Golden, Kaitlyn) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

RECAP
35

Docket Text ORDER: Re: 31 First MOTION for Leave to Appear Pro Hac Vice Anya Marino. District of Columbia The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10677574) by Amicus National Women's Law Center. (Marino, Anya) filed by National Women's Law Center ; ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 6/26/2024. (NEP) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER
36

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the parties shall file supplemental briefs respecting the motion for preliminary injunction addressing the Supreme Court's decision and its impact, if any, upon the pending motion and underlying case by no later than 9:00 a.m. July 8, 2024. The Court's page limitation requirements apply. IT IS FURTHER ORDERED that the proposed orders required by the Court's June 21, 2024 Memorandum and Order shall include appropriate citation to, and application of, the Supreme Court decision. (Response to Court due by 7/8/2024.) Signed by Sr. District Judge Rodney W. Sippel on 07/01/2024. (KRZ) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

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NOTICE Order in Similar Case: by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota re 19 Memorandum & Order,,, (Attachments: # 1 Exhibit PI Order in Kansas v. US Dept of Education)(Jacobs, Dylan) (Entered: 07/02/2024)

1 Exhibit PI Order in Kansas v. US Dept of Education

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July 2, 2024

July 2, 2024

PACER
38

ORDER - IT IS HEREBY ORDERED that, in addition to the matters previously required by the Court's July 1, 2024 Memorandum and Order (ECF 36), the parties shall also address in their supplemental briefs the impact, if any, of the preliminary injunction issued by the District of Kansas in State of Kansas, et al., v. United States Dept. of Educ., et al, 2024 WL 3273285 (D. Kan. July 2, 2024), upon the motion and underlying case pending in this Court. In particular, defendants shall address the district court's statement that it "leaves it to defendants to determine in the first instance whether continued enforcement in compliance with this decision is worth the effort," ECF 37-1 at 44, and indicate whether defendants intend to continue enforcement of the Final Rule as relevant to the instant case, or whether they intend to stay enforcement pending resolution of the underlying issues before this, and other, Courts. The briefs remain due by no later than 9:00 a.m. July 8, 2024, but the parties are granted leave to file briefs up to 20 pages in length. Signed by Sr. District Judge Rodney W. Sippel on 07/03/2024. (KRZ) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

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39

RESPONSE TO COURT ORDER re 36 Memorandum & Order,, 38 Order,,,, Supplemental Brief on Subsequent Decisions by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Jacobs, Dylan) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

RECAP
40

ENTRY of Appearance by Elizabeth Tulis for Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Tulis, Elizabeth) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
41

MEMORANDUM in Opposition re 9 MOTION for Preliminary Injunction and Stay of Final Rule - Defendants' Supplemental Brief Addressing Loper Bright v. Raimondo and Kansas v. Department of Education filed by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Tulis, Elizabeth) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

RECAP
42

ENTRY of Appearance by Philip Axt for Plaintiff The State of North Dakota. (Axt, Philip) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
43

AMICUS BRIEF in Opposition to Plaintiffs' Motion for a 5 USC 705 Stay and Preliminary Injunction by Amicus State of California. (Nugent, Edward) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

RECAP
44

MOTION for Leave to Appear Pro Hac Vice Madeline Gitomer. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10702252) by Amicus National Women's Law Center. (Attachments: # 1 Certificate of Good Standing DC Certificate of Good Standing)(Gitomer, Madeline) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

PACER
45

Unopposed MOTION to Stay Answer Deadline Pending Decision on Plaintiffs' Motion for Preliminary Relief by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Attachments: # 1 Text of Proposed Order - Proposed Order)(Tulis, Elizabeth) (Entered: 07/11/2024)

1 Text of Proposed Order - Proposed Order

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July 11, 2024

July 11, 2024

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46

NOTICE by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota Notice of Orders in Similar Cases (Attachments: # 1 Texas v. USDC, # 2 CCSD v. USDC)(Jacobs, Dylan) (Entered: 07/12/2024)

1 Texas v. USDC

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2 CCSD v. USDC

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July 12, 2024

July 12, 2024

PACER

A Docket Text Order

July 12, 2024

July 12, 2024

PACER
47

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, 9 MOTION for Preliminary Injunction and Stay of Final Rule -- Defendants' Supplemental Brief in Opposition to Plaintiffs' Motion for a 5 U.S.C. 705 Stay and Preliminary Injunction by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Tulis, Elizabeth) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

RECAP
48

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Supplemental Brief on Plaintiffs' Standing by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Jacobs, Dylan) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

RECAP
49

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Proposed Order Granting Preliminary Relief by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Jacobs, Dylan) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

RECAP
50

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Defendants' Proposed Findings of Fact and Conclusions of Law Denying Preliminary Relief by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Tulis, Elizabeth) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

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51

Docket Text ORDER: Re: 45 Unopposed MOTION to Stay Answer Deadline Pending Decision on Plaintiffs' Motion for Preliminary Relief by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Attachments: # 1 Text of Proposed Order - Proposed Order)(Tulis, Elizabeth); ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 07/12/2024. (KRZ) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

PACER
52

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Notice of Orders in Similar Cases by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 Exhibit Ex. A--TN v Cardona, # 2 Exhibit Ex. B--LA v. US Dept. of Ed.)(Bronni, Nicholas) (Entered: 07/17/2024)

1 Exhibit Ex. A--TN v Cardona

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2 Exhibit Ex. B--LA v. US Dept. of Ed.

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July 17, 2024

July 17, 2024

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53

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 KS v. US Dept of Educ - Order Denying Stay)(Jacobs, Dylan) (Entered: 07/21/2024)

1 KS v. US Dept of Educ - Order Denying Stay

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July 21, 2024

July 21, 2024

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54

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion for preliminary injunction [9-2] is granted only as follows: pending final resolution of this case, defendants, and all their respective officers, agents, employees, attorneys, and persons acting in concert or participation with them are enjoined from implementing, enacting, enforcing, or taking any action in any manner to enforce the Final Rule promulgated by the Department of Education titled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance" and published in the Federal Register at 89 Fed. Reg. 33,474, set to become effective on August 1, 2024, against plaintiffs Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota and A.F., and is denied in all other respects. IT IS HEREBY ORDERED that plaintiffs' alternative motion for stay [9-1] is denied without prejudice as moot. IT IS FURTHER ORDERED that the court waives the security requirement of Federal Rule of Civil Procedure 65(c). Signed by Sr. District Judge Rodney W. Sippel on 7/24/2024. (KEK) (Entered: 07/24/2024)

July 24, 2024

July 24, 2024

Clearinghouse

A Docket Text Order

July 24, 2024

July 24, 2024

PACER
55

ORDER OF PRELIMINARY INJUNCTION: In accordance with the Memorandum and Order issued this same date, IT IS HEREBY ORDERED that defendants United States Department of Education, Miguel Cardona, Catherine Lhamon, and Randolph Willis, and all their respective officers, agents, employees, attorneys, and persons acting in concert or participation with them, are ENJOINED from implementing, enacting, enforcing, or taking any action in any manner to enforce the Final Rule promulgated by the Department of Education titled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance" and published in the Federal Register at 89 Fed. Reg. 33,474, set to become effective on August 1, 2024, against plaintiffs Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota and A.F. IT IS FURTHER ORDERED that the court waives the security requirement of Federal Rule of Civil Procedure 65(c). Signed by Sr. District Judge Rodney W. Sippel on 7/24/2024. (KEK) (Entered: 07/24/2024)

July 24, 2024

July 24, 2024

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Docket Text ORDER: Re: 44 MOTION for Leave to Appear Pro Hac Vice Madeline Gitomer. The Certificate of Good Standing was attached. by Amicus National Women's Law Center. (Attachments: # 1 Certificate of Good Standing DC Certificate of Good Standing)(Gitomer, Madeline) ; ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 07/24/2024. (KRZ) (Entered: 07/24/2024)

July 24, 2024

July 24, 2024

PACER
57

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Notice of Orders in Similar Cases by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 N.D. Ala. Order, # 2 CA11 Order, # 3 W.D. Okla. Order)(Jacobs, Dylan) (Entered: 07/31/2024)

1 N.D. Ala. Order

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2 CA11 Order

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3 W.D. Okla. Order

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July 31, 2024

July 31, 2024

PACER
58

Joint MOTION to Stay Defendants' answer deadline and to enter a schedule by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Solomon-Strauss, Hannah) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

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59

Docket Text ORDER: Re: 58 Joint MOTION to Stay Defendants' answer deadline and to enter a schedule by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Solomon-Strauss, Hannah) filed by Catherine E. Lhamon, Randolph Wills, Miguel Cardona, United States Department of Education; ORDERED GRANTED. Signed by Sr. District Judge Rodney W. Sippel on 8/12/2024. (KEK) (Entered: 08/12/2024)

Aug. 12, 2024

Aug. 12, 2024

PACER

A Docket Text Order

Aug. 12, 2024

Aug. 12, 2024

PACER
60

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Notice of Order in Similar Cases by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 DOE v. LA; Cardona v. TN)(Jacobs, Dylan) (Entered: 08/19/2024)

1 DOE v. LA; Cardona v. TN

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Aug. 19, 2024

Aug. 19, 2024

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61

RESPONSE TO COURT ORDER re 19 Memorandum & Order,,, Notice of Order in Similar Case by Plaintiffs A. F., The State of Arkansas, The State of Iowa, The State of Missouri, The State of Nebraska, The State of North Dakota, The State of South Dakota. (Attachments: # 1 Alabama v. DOE)(Jacobs, Dylan) (Entered: 08/22/2024)

1 Alabama v. DOE

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Aug. 22, 2024

Aug. 22, 2024

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62

ENTRY of Appearance by Clayton Louis Bailey for Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Bailey, Clayton) (Entered: 08/27/2024)

Aug. 27, 2024

Aug. 27, 2024

PACER
63

NOTICE OF APPEAL as to 54 Memorandum & Order,,,, 55 Preliminary Injunction,,,, by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

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64

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 54 Memorandum & Order,,,, 55 Preliminary Injunction,,,,. Notice of Appeal filed on 9/20/2024 by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JBH) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

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65

Initial Notification from USCA for 63 Notice of Appeal filed by Catherine E. Lhamon, Randolph Wills, Miguel Cardona, United States Department of Education USCA Appeal Number: 24-2921(KXS) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
66

Briefing Schedule from USCA for 63 Notice of Appeal filed by Catherine E. Lhamon, Randolph Wills, Miguel Cardona, United States Department of Education USCA Appeal Number: 24-2921 (See attached document for all other deadlines.)(KXS) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

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67

Joint MOTION to Stay Proceedings Pending Appeal by Defendants Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Bailey, Clayton) (Entered: 10/11/2024)

Oct. 11, 2024

Oct. 11, 2024

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68

STATUS REPORT Joint by Miguel Cardona, Catherine E. Lhamon, United States Department of Education, Randolph Wills. (Bailey, Clayton) (Entered: 10/11/2024)

Oct. 11, 2024

Oct. 11, 2024

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69

MEMORANDUM & ORDER STAYING CASE - IT IS HEREBY ORDERED that the joint motion to stay proceedings pending appeal 67 is granted, and this case is stayed pending further Order of this Court. IT IS FURTHER ORDERED that the parties shall file a joint status report within 30 days of the Eighth Circuit Court of Appeals issuing its mandate in connection with the pending interlocutory appeal of the preliminary injunction issued in this case. Signed by Sr. District Judge Rodney W. Sippel on 10/15/2024. (KRZ) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

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70

MOTION to Withdraw as Attorney re attorney/firm Nicholas J. Bronni by Plaintiff The State of Arkansas. (Bronni, Nicholas) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

PACER
71

Docket Text ORDER: Re: 70 MOTION to Withdraw as Attorney re attorney/firm Nicholas J. Bronni by Plaintiff The State of Arkansas. (Bronni, Nicholas) filed by The State of Arkansas; ORDERED GRANTED. Attorney Nicholas J. Bronni terminated. Signed by Sr. District Judge Rodney W. Sippel on 1/2/2025. (KEK) (Entered: 01/02/2025)

Jan. 2, 2025

Jan. 2, 2025

PACER

A Docket Text Order AND ~Util - Add and Terminate Attorneys

Jan. 2, 2025

Jan. 2, 2025

PACER
72

NOTICE Substitution of Counsel: by Plaintiff The State of South Dakota (Miiller, Amanda) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

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73

ORDER of USCA... Clerk order filed granting to hold case in abeyance... USCA Appeal #: 24-2921. (LCR) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

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74

ENTRY of Appearance by Asher Steinberg for Plaintiff The State of Arkansas. (Steinberg, Asher) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
75

MOTION to Withdraw as Attorney re attorney/firm Dylan L. Jacobs by Plaintiff The State of Arkansas. (Steinberg, Asher) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
76

Docket Text ORDER: Re: 75 MOTION to Withdraw as Attorney re attorney/firm Dylan L. Jacobs by Plaintiff The State of Arkansas. (Steinberg, Asher) filed by The State of Arkansas ; ORDERED GRANTED, Attorney Dylan L. Jacobs terminated.. Signed by Sr. District Judge Rodney W. Sippel on 03/17/2025. (LCR) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER

A Docket Text Order with Schedules AND ~Util - Add and Terminate Attorneys

March 17, 2025

March 17, 2025

PACER
77

USCA JUDGMENT as to 63 Notice of Appeal filed by Catherine E. Lhamon, Randolph Wills, Miguel Cardona, United States Department of Education. This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals.(LCR) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

RECAP
78

MANDATE of USCA as to 63 Notice of Appeal filed by Catherine E. Lhamon, Randolph Wills, Miguel Cardona, United States Department of Education USCA #:24-2921 In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. Appeal is Dismissed. (LCR) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

RECAP
79

Status Report

April 11, 2025

April 11, 2025

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Education

Speech and Religious Freedom

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: May 7, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and A.F., a 15-year-old female resident of Jonesboro, Arkansas, represented by her mother.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

MIGUEL CARDONA (- United States (national) -), Federal

CATHERINE LHAMON (- United States (national) -), Federal

RANDOLPH WILLS (- United States (national) -), Federal

US DEPARTMENT OF EDUCATION (- United States (national) -), Federal

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Bathrooms

Education

Juveniles

School/University Facilities

School/University policies

Discrimination Area:

Harassment / Hostile Work Environment

Sports

Discrimination Basis:

Religion discrimination

Sex discrimination

Affected Religion(s):

Christianity

Affected Sex/Gender(s):

Female

LGBTQ+:

LGBTQ+

Transgender: IDs

Transgender: Sports