Case: Oklahoma State Department of Education v. United States of America

5:24-cv-00459 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 6, 2024

Closed Date: Jan. 26, 2025

Clearinghouse coding complete

Case Summary

On May 6, 2024, the Oklahoma Department of Education filed suit against the US Secretary of Education, the Department of Education's (DOE) Assistant Secretary for Civil Rights, and the DOE's Deputy Assistant Secretary for Enforcement in the U.S. District Court for the Western District of Oklahoma. Oklahoma sought to challenge DOE's notice that in the enforcement of Title IX's prohibitions on sex discrimination, that DOE would interpret the term "sex" to include sexual orientation and gender identity, pursuant to President Biden's Executive Order 13988. The plaintiffs sued under the Administrative Procedure Act, arguing that DOE's interpretation contradicted the statute and was arbitrary and capricious. They sought a declaratory judgment as well as preliminary and permanent injunctive relief. U.S. District Court judge Jodi W. Dishman was assigned to this case.

Biden’s Executive Order 13988 was issued on January 20, 2021. The U.S. Department of Education engaged in notice-and-comment rulemaking pursuant to this order, and received a variety of comments from States and interested parties. The DOE's Final Rule interpreted Title IX's prohibition on sex discrimination to give LGBTQ+ students and others protection from discrimination “based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

The plaintiffs alleged that the final rule exceeded statutory authority, on the grounds that it improperly extended the logic of the Supreme Court’s 2020 decision in Bostock v. Clayton County, which recognized discrimination based on sexual orientation and transgender status as a form of sex-based discrimination under Title VII. The complaint also alleged that the interpretation was arbitrary and capricious because the DOE failed to engage in reasoned decision making or offer an adequate explanation for the new rule.

On January 16, 2025, the court dismissed the case without prejudice to refiling. The court found that the plaintiffs had not shown that they had properly served the defendants with the complaint by the applicable deadline. The case is now closed.

show full summary

Summary Authors

Isabel Bysiewicz (4/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68505027/parties/oklahoma-state-department-of-education-v-united-states-of-america/

Judge(s)

Dishman, Jodi Warmbrod (Oklahoma)

Attorney for Plaintiff

Beason, Michael (Oklahoma)

Smith, Shannon (Oklahoma)

Judge(s)

Dishman, Jodi Warmbrod (Oklahoma)

Attorney for Plaintiff

Beason, Michael (Oklahoma)

Smith, Shannon (Oklahoma)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 5:24-cv-00459	Complaint	May 6, 2024	May 6, 2024 Complaint
32 5:24-cv-00459	Order	Jan. 16, 2025	Jan. 16, 2025 Order/Opinion

show / hide documents

Resources

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/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68505027/oklahoma-state-department-of-education-v-united-states-of-america/

Last updated June 19, 2025, 11 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Miguel Cardona, Catherine Lhamon, United States Department of Education, United States of America, Randolph Wills filed by Oklahoma State Department of Education. (Attachments: # 1 Civil Cover Sheet)(rp) (Entered: 05/06/2024) 1 Civil Cover Sheet View on RECAP	May 6, 2024	May 6, 2024 Clearinghouse
	PAYMENT FOR A CIVIL CASE Filing fee $ 405, receipt number AOKWDC-4427069. (Beason, Michael)	May 7, 2024	May 7, 2024 PACER
2	ORDER TO PLAINTIFF TO SHOW CAUSE. Plaintiff is ORDERED to show cause in writing within fourteen (14) days of the date of this Order why service has not been timely made upon Defendants. Signed by Judge Jodi W. Dishman on 8/6/2024. (nv) (Entered: 08/06/2024)	Aug. 6, 2024	Aug. 6, 2024 RECAP
3	STRICKEN RESPONSE TO ORDER TO SHOW CAUSE filed by Oklahoma State Department of Education. (Attachments: # 1 Exhibit)(Beason, Michael) (Entered: 08/07/2024) 1 Exhibit View on PACER	Aug. 7, 2024	Aug. 7, 2024 RECAP
	Notice from the Court	Aug. 7, 2024	Aug. 7, 2024 PACER
	NOTICE from the Court 3 Response to Order to Show Cause is ], STRICKEN, due to counsel's failure to comply with this Court's ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, a description of the exhibit must be provided in the docket entry. Additionally, the exhibits should be uploaded as separate attachments rather than one large document. Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice. (rp)	Aug. 7, 2024	Aug. 7, 2024 PACER
4	RESPONSE TO ORDER TO SHOW CAUSE filed by Oklahoma State Department of Education. (Attachments: # 1 Exhibit Oklahoma State Department of Education Original Complaint, # 2 Exhibit Plaintiff Civil Cover Sheet, # 3 Exhibit Certified mail receipt for service to U.S.A. c/o Attorney General, # 4 Exhibit Domestic return receipt for service to U.S.A. c/o Attorney General, # 5 Exhibit USPS tracking record for service to U.S.A. c/o Attorney General, # 6 Exhibit Plaintiff Summons to United States of America c/o Office of the Attorney General, # 7 Exhibit Certified mail receipt for service to USDE c/o Office of General Counsel, # 8 Exhibit Domestic return receipt for service to USDE c/o Office of General Counsel, # 9 Exhibit USPS tracking record for service to USDE c/o Office of General Counsel, # 10 Exhibit Plaintiff Summons to United States Department of Education c/o USDE Office of the General Counsel, # 11 Exhibit Certified mail receipt for service to Randolph Wills, # 12 Exhibit Domestic return receipt for service to Randolph Wills, # 13 Exhibit USPS tracking record for service to Randolph Wills, # 14 Exhibit Plaintiff Summons to Randolph Wills c/o USDE Office of General Counsel, # 15 Exhibit Certified mail receipt for service to Miguel Cardona USDE, # 16 Exhibit Domestic return receipt for service to Miguel Cardona USDE, # 17 Exhibit USPS tracking record for service to Miguel Cardona, # 18 Exhibit Plaintiff Summons to Miguel Cardona c/o USDE Office of General Counsel, # 19 Exhibit Certified mail receipt for service to Catherine Lhamon, # 20 Exhibit Domestic return receipt for service to Catherine Lhamon, # 21 Exhibit USPS tracking record for service to Catherine Lhamon, # 22 Exhibit Plaintiff Summons to Catherine Lhamon c/o USDE Office of the General Counsel, # 23 Exhibit Order to Plaintiff to Show Cause)(Beason, Michael) (Entered: 08/07/2024) 1 Exhibit Oklahoma State Department of Education Original Complaint View on PACER 2 Exhibit Plaintiff Civil Cover Sheet View on PACER 3 Exhibit Certified mail receipt for service to U.S.A. c/o Attorney General View on PACER 4 Exhibit Domestic return receipt for service to U.S.A. c/o Attorney General View on PACER 5 Exhibit USPS tracking record for service to U.S.A. c/o Attorney General View on PACER 6 Exhibit Plaintiff Summons to United States of America c/o Office of the Attorney View on PACER 7 Exhibit Certified mail receipt for service to USDE c/o Office of General Counsel View on PACER 8 Exhibit Domestic return receipt for service to USDE c/o Office of General Counse View on PACER 9 Exhibit USPS tracking record for service to USDE c/o Office of General Counsel View on PACER 10 Exhibit Plaintiff Summons to United States Department of Education c/o USDE Offi View on PACER 11 Exhibit Certified mail receipt for service to Randolph Wills View on PACER 12 Exhibit Domestic return receipt for service to Randolph Wills View on PACER 13 Exhibit USPS tracking record for service to Randolph Wills View on PACER 14 Exhibit Plaintiff Summons to Randolph Wills c/o USDE Office of General Counsel View on PACER 15 Exhibit Certified mail receipt for service to Miguel Cardona USDE View on PACER 16 Exhibit Domestic return receipt for service to Miguel Cardona USDE View on PACER 17 Exhibit USPS tracking record for service to Miguel Cardona View on PACER 18 Exhibit Plaintiff Summons to Miguel Cardona c/o USDE Office of General Counsel View on PACER 19 Exhibit Certified mail receipt for service to Catherine Lhamon View on PACER 20 Exhibit Domestic return receipt for service to Catherine Lhamon View on PACER 21 Exhibit USPS tracking record for service to Catherine Lhamon View on PACER 22 Exhibit Plaintiff Summons to Catherine Lhamon c/o USDE Office of the General Cou View on PACER 23 Exhibit Order to Plaintiff to Show Cause View on PACER	Aug. 7, 2024	Aug. 7, 2024 PACER
5	ENTRY of Appearance by Shannon Smith on behalf of Oklahoma State Department of Education (Smith, Shannon) (Entered: 08/08/2024)	Aug. 8, 2024	Aug. 8, 2024 PACER
6	CERTIFICATE OF SERVICE by Plaintiff Oklahoma State Department of Education re 4 Response to Order to Show Cause,,,,,,, (Smith, Shannon) (Entered: 08/09/2024)	Aug. 9, 2024	Aug. 9, 2024 PACER
7	CERTIFICATE OF SERVICE by Plaintiff Oklahoma State Department of Education re 4 Response to Order to Show Cause,,,,,,, (Smith, Shannon) (Entered: 08/09/2024)	Aug. 9, 2024	Aug. 9, 2024 PACER
8	CERTIFICATE OF SERVICE by Plaintiff Oklahoma State Department of Education re 4 Response to Order to Show Cause,,,,,,, (Smith, Shannon) (Entered: 08/09/2024)	Aug. 9, 2024	Aug. 9, 2024 PACER
9	CERTIFICATE OF SERVICE by Plaintiff Oklahoma State Department of Education re 4 Response to Order to Show Cause,,,,,,, (Smith, Shannon) (Entered: 08/09/2024)	Aug. 9, 2024	Aug. 9, 2024 PACER
10	CERTIFICATE OF SERVICE by Plaintiff Oklahoma State Department of Education re 4 Response to Order to Show Cause,,,,,,, (Smith, Shannon) (Entered: 08/09/2024)	Aug. 9, 2024	Aug. 9, 2024 PACER
11	ORDER. Plaintiff is directed to show cause not later than August 26, 2024, why this action should not be dismissed without prejudice for failure to properly effect service of process within 90 days after filing the complaint and for Plaintiffs failure to prosecute. Signed by Judge Jodi W. Dishman on 8/19/2024. (nv) (Entered: 08/19/2024)	Aug. 19, 2024	Aug. 19, 2024 Clearinghouse
12	RESPONSE TO ORDER TO SHOW CAUSE filed by All Plaintiffs. (Beason, Michael) (Entered: 08/23/2024)	Aug. 23, 2024	Aug. 23, 2024 RECAP
13	ORDER. Plaintiff has thirty days from today to properly effectuate service on all Defendants. Absent Plaintiff filing proof of timely and proper service by October 3, 2024, the Court will dismiss this action without prejudice to refiling or dismiss any defendant not properly served, without further warning and without further show cause orders. Signed by Judge Jodi W. Dishman on 9/3/2024. (nv)	Sept. 3, 2024	Sept. 3, 2024 RECAP
14	Summons Issued Electronically as to Miguel Cardona, Catherine Lhamon, United States Department of Education, United States of America, Randolph Wills. (rp) (Entered: 09/05/2024)	Sept. 5, 2024	Sept. 5, 2024 RECAP
15	SUMMONS Returned Executed by Oklahoma State Department of Education. Randolph Wills served on 9/16/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/16/2024)	Sept. 16, 2024	Sept. 16, 2024 PACER
16	SUMMONS Returned Executed by Oklahoma State Department of Education. Miguel Cardona served on 9/16/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/16/2024)	Sept. 16, 2024	Sept. 16, 2024 PACER
17	SUMMONS Returned Executed by Oklahoma State Department of Education. Catherine Lhamon served on 9/16/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/16/2024)	Sept. 16, 2024	Sept. 16, 2024 PACER
18	SUMMONS RETURNED EXECUTED by Oklahoma State Department of Education. United States of America served on 9/16/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/16/2024) 1 Exhibit Certified mail, return receipt View on PACER	Sept. 16, 2024	Sept. 16, 2024 PACER
19	SUMMONS Returned Executed by Oklahoma State Department of Education. United States Department of Education served on 9/16/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/16/2024) 1 Exhibit Certified mail, return receipt View on PACER	Sept. 16, 2024	Sept. 16, 2024 PACER
20	Summons Issued Electronically as to Miguel Cardona, Catherine Lhamon, United States Department of Education, United States of America, Randolph Wills. (rp) (Entered: 09/18/2024)	Sept. 18, 2024	Sept. 18, 2024 PACER
21	SUMMONS Returned Executed by Oklahoma State Department of Education. United States of America served on 9/19/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/19/2024)	Sept. 19, 2024	Sept. 19, 2024 PACER
22	SUMMONS Returned Executed by Oklahoma State Department of Education. United States of America served on 9/30/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
23	SUMMONS Returned Executed by Oklahoma State Department of Education. Randolph Wills served on 9/30/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
24	SUMMONS Returned Executed by Oklahoma State Department of Education. United States Department of Education served on 9/30/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
25	SUMMONS Returned Executed by Oklahoma State Department of Education. Catherine Lhamon served on 9/30/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
26	SUMMONS Returned Executed by Oklahoma State Department of Education. Miguel Cardona served on 9/30/2024. (Attachments: # 1 Exhibit Certified mail, return receipt)(Beason, Michael) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
27	SUMMONS Returned Executed by Oklahoma State Department of Education. Randolph Wills served on 10/1/2024. (Attachments: # 1 Exhibit certified mail, return receipt)(Beason, Michael) (Entered: 10/01/2024)	Oct. 1, 2024	Oct. 1, 2024 PACER
28	SUMMONS Returned Executed by Oklahoma State Department of Education. Catherine Lhamon served on 10/1/2024. (Attachments: # 1 Exhibit certified mail, return receipt)(Beason, Michael) (Entered: 10/01/2024)	Oct. 1, 2024	Oct. 1, 2024 PACER
29	SUMMONS Returned Executed by Oklahoma State Department of Education. United States Department of Education served on 10/1/2024. (Attachments: # 1 Exhibit certified mail, return receipt)(Beason, Michael) (Entered: 10/01/2024)	Oct. 1, 2024	Oct. 1, 2024 PACER
30	SUMMONS Returned Executed by Oklahoma State Department of Education. Miguel Cardona served on 10/1/2024. (Attachments: # 1 Exhibit certified mail, return receipt)(Beason, Michael) (Entered: 10/01/2024)	Oct. 1, 2024	Oct. 1, 2024 PACER
31	RESPONSE TO ORDER TO SHOW CAUSE filed by Oklahoma State Department of Education. (Attachments: # 1 Exhibit Return of Service, # 2 Exhibit Return of Service, # 3 Exhibit Return of Service, # 4 Exhibit Return of Service, # 5 Exhibit Return of Service, # 6 Exhibit Return of Service, # 7 Exhibit Return of Service, # 8 Exhibit Return of Service, # 9 Exhibit Return of Service, # 10 Exhibit Return of Service, # 11 Exhibit Return of Service, # 12 Exhibit Return of Service, # 13 Exhibit Return of Service, # 14 Exhibit Return of Service, # 15 Exhibit Return of Service)(Smith, Shannon) (Entered: 10/03/2024) 1 Exhibit Return of Service View on PACER 2 Exhibit Return of Service View on PACER 3 Exhibit Return of Service View on PACER 4 Exhibit Return of Service View on PACER 5 Exhibit Return of Service View on PACER 6 Exhibit Return of Service View on PACER 7 Exhibit Return of Service View on PACER 8 Exhibit Return of Service View on PACER 9 Exhibit Return of Service View on PACER 10 Exhibit Return of Service View on PACER 11 Exhibit Return of Service View on PACER 12 Exhibit Return of Service View on PACER 13 Exhibit Return of Service View on PACER 14 Exhibit Return of Service View on PACER 15 Exhibit Return of Service View on PACER	Oct. 3, 2024	Oct. 3, 2024 RECAP
32	ORDER. Because Plaintiff did not timely serve Defendants within 90 days of the filing of this action and did not comply with the Court's 13 order giving Plaintiff additional time to effect service, the Court DISMISSES this action as to all Defendants without prejudice to refiling under Federal Rule of Civil Procedure 4(m). Signed by Judge Jodi W. Dishman on 01/16/2025. (nv) (Entered: 01/16/2025)	Jan. 16, 2025	Jan. 16, 2025 RECAP
33	JUDGMENT. Under Federal Rule of Civil Procedure 58(a), and in accordance with the Court's Order issued this date, the Court dismisses this action without prejudice. Signed by Judge Jodi W. Dishman on 01/16/2025. (nv) (Entered: 01/16/2025)	Jan. 16, 2025	Jan. 16, 2025 RECAP

show / hide docket entries