New Title IX rules for LGBTQ+ students in effect, but not at these Livingston schools

New Title IX rules expanding harassment and discrimination protection for LGBTQ+ and pregnant students cannot be enforced by the federal government at more than 100 Michigan schools attended by the children of members of the right-wing group Moms for Liberty, according to an order out of U.S. District Court in Kansas.

The new regulations, which went into effect Thursday, have been the subject of furious legal battles across the country led by conservative organizations and government officials, seeking to stop provisions that would protect students from harassment and discrimination on the basis of gender identity, sexual stereotypes and pregnancy.

A U.S. District Court judge in Kansas, John Broomes, issued an injunction July 19 blocking the regulations from being enforced specifically in schools attended by the children of current and prospective members of Moms for Liberty, as well as schools attended by children of members of two other groups, Young America’s Foundation and Female Athletes United. Broomes was appointed to the bench by former President Donald Trump. The new regulations are also blocked by court orders in numerous states, but not Michigan.

Though the ruling blocks enforcement in some schools, it may have little impact in Michigan, where state law also includes protections for discrimination based on sexual orientation and gender identity in educational institutions, and the Michigan Department of Civil Rights oversees and investigates complaints .

What do the new regulations establish?

The new regulations are in part a rebuke to Trump -era rules that raised the threshold for victims to prove discrimination and sexual misconduct.

Title IX is a watershed federal law meant to protect students, educators and other school community members from sexual harassment at educational institutions receiving federal funding, which includes public K-12 schools and universities. The Biden-era U.S. Department of Education released a set of final, new regulations around the law in April to clarify that gay, transgender, queer, pregnant and other students should be considered among the protected classes under Title IX.

Moms for Liberty, in a news release, argues that the new regulations will impact free speech for students and promote what they believe is an emerging culture of "gender ideology," or the idea rejected by conservative organizations that people can identify as transgender, nonbinary or other identities.

LGBTQ+ and student rights organizations argue that the new regulations protect a vulnerable group of students.

"This regulatory clarification ensures that LGBTQI+ youth will be able to equally participate in educational opportunities, from being able to attend prom with a date of their choice and wearing clothes that reflect their gender expression to using a restroom that corresponds with their gender identity," wrote members of a coalition of advocacy groups in a letter to members of U.S. Congress urging them to oppose a resolution to repeal the new rules earlier this month.

What happens now?

Some Michigan schools will be subject to the new rules, while those listed by Moms for Liberty in a July 26 court filing will still be under the Trump-era rules, creating what could possibly be a very complicated enforcement problem for the U.S. Department of Education.

One district with schools on the Moms For Liberty list, Birmingham Public Schools, is reviewing the developments to check for impact on district procedures, spokesman Cortez Strickland wrote in an email.

However, all Michigan schools must still adhere to the Elliott-Larsen Civil Rights Act , which was expanded in 2023 to prohibit discriminations based on sexual orientation and gender identities.

Vicki Levengood, spokeswoman for the Michigan Department of Civil Rights, wrote in an email response that the act applies "in education, as well as in the areas of employment, housing, public accommodation, law enforcement and public service. If someone believes they have been discriminated against, they may want to file a complaint with MDCR.

The injunction by Broome is temporary, while higher courts consider appeals to challenges made in other states.

Which Michigan schools are on the list?

• Bedford Junior High School, Bedford Public Schools
• Bedford Senior High School, Bedford Public Schools
• Douglas Road Elementary School, Bedford Public Schools
• Berkley High School, Berkley School District
• Norup International School, Berkley School District
• Derby Middle School, Birmingham Public Schools
• Ernest W Seaholm High School, Birmingham Public Schools
• Harlan Elementary School, Birmingham Public Schools
• Quarton Elementary, Birmingham Public Schools
• Bloomfield Hills High School, Bloomfield Hills Schools
• Lone Pine Elementary School, Bloomfield Hills Schools
• South Hills Middle School, Bloomfield Hills Schools
• Brighton High School, Brighton Area Schools
• Maltby Intermediate School, Brighton Area Schools
• Scranton Middle School, Brighton Area Schools
• Caledonia High School, Caledonia Community Schools
• Duncan Lake Middle School, Caledonia Community Schools
• Kettle Lake Elementary School, Caledonia Community Schools
• Kraft Meadows Intermediate School, Caledonia Community Schools
• Caro High School, Caro Community Schools
• Center Line High School, Center Line Public Schools
• Cherokee Elementary School, Chippewa Valley Schools
• Dundee Community High School, Dundee Community Schools
• Dundee Elementary School, Dundee Community Schools
• Riverside Academy, Dundee Community Schools
• Edwardsburg High School, Edwardsburg Public Schools
• Ferndale High School, Ferndale Public Schools
• Ferndale Lower Elementary Campus, Ferndale Public Schools
• Ferndale Middle School, Ferndale Public Schools Michigan
• Ferndale Upper Elementary Campus, Ferndale Public Schools
• University High School, Ferndale Public Schools
• HT Smith Elementary School, Fowlerville Community Schools
• Natalie Kreeger Elementary School, Fowlerville Community Schools
• Chapman Elementary School, Gibraltar School District
• Oscar A Carlson High School, Gibraltar School District
• Parsons Elementary School, Gibraltar School District
• Shumate Middle School, Gibraltar School District
• Grand Traverse Academy, Grand Traverse Academy
• Holly Middle School, Holly Area School District
• Parker Middle School, Howell Public Schools
• Lakeland High School, Huron Valley Schools
• Milford High School, Huron Valley Schools
• Muir Middle School, Huron Valley Schools
• Ida Elementary School, Ida Public School District
• Ida High School, Ida Public School District
• Ida Middle School, Ida Public School District
• Lake Fenton High School, Lake Fenton Community Schools
• Lamphere High School, Lamphere Public Schools
• James Foote School, Lincoln Park School District
• Lincoln Park High School, Lincoln Park School District
• Fuller Street Elementary School, Maple Valley Schools
• Maple Valley JrSr High School, Maple Valley Schools
• Maple Valley Pathways High School, Maple Valley Schools
• Maplewood School, Maple Valley Schools
• Mason Middle School, Mason Consolidated Schools (Monroe)
• Mason Senior High School, Mason Consolidated Schools (Monroe)
• Mason Middle School, Mason Public Schools (Ingham)
• Clayton H Symons Elementary School, Milan Area Schools
• Milan Alternative Education, Milan Area Schools
• Milan High School, Milan Area Schools
• Milan Middle School, Milan Area Schools
• Paddock Elementary School, Milan Area Schools
• Young Adult Program, Milan Area Schools
• Monroe High School, Monroe Public Schools
• Clear Lake Elementary School, Oxford Community Schools
• Daniel Axford Elementary School, Oxford Community Schools
• Lakeville Elementary School, Oxford Community Schools
• Leonard Elementary School, Oxford Community Schools
• Oxford Bridges High School, Oxford Community Schools
• Oxford Crossroads Day School, Oxford Community Schools
• Oxford Elementary School, Oxford Community Schools
• Oxford High School Oxford, Community Schools
• Oxford Middle School, Oxford Community Schools
• Oxford Virtual Academy, Oxford Community Schools
• Tonda Elementary School, Plymouth Canton Community Schools
• Oakwood Elementary School, Portland Public Schools
• Portland High School, Portland Public Schools
• Portland Middle School, Portland Public Schools
• Westwood Elementary School, Portland Public Schools
• Quincy High School, Quincy Community Schools
• Beechnau Elementary School, Ravenna Public Schools
• Ravenna High School, Ravenna Public Schools
• Ravenna Middle School, Ravenna Public Schools
• Riverview Community High School, Riverview Community School District
• Reuther Middle School, Rochester Community School District
• Rochester High School, Rochester Community School District
• Stoney Creek High School, Rochester Community School District
• Van Hoosen Middle School, Rochester Community School District
• West Middle School, Rochester Community School District
• Hevel Elementary, Romeo Community Schools
• Indian Hills Elementary School, Romeo Community Schools
• Romeo High School, Romeo Community Schools
• Roseville High School, Roseville Community Schools
• Roseville Middle School, Roseville Community Schools
• Northwood Elementary School, Royal Oak Schools
• Shepherd High School, Shepherd Public Schools
• Shepherd Middle School, Shepherd Public Schools
• Grogan Elementary School, Southgate Community School District
• Southgate Anderson High School, Southgate Community School District
• Eureka Elementary School, St Johns Public Schools
• Gateway Elementary School, St Johns Public Schools
• Oakview Elementary School, St Johns Public Schools
• Riley Elementary School, St Johns Public Schools
• St Johns High School, St Johns Public Schools
• St Johns Middle School, St Johns Public Schools
• STRIVE Academy, St Johns Public Schools
• Summerfield Elementary School, Summerfield Schools
• Summerfield Junior Senior High School, Summerfield Schools
• Lee Elementary School, Thornapple Kellogg School District
• McFall Elementary School, Thornapple Kellogg School District
• Page Elementary School, Thornapple Kellogg School District
• Thornapple Kellogg High School, Thornapple Kellogg School District
• Thornapple Kellogg Middle School, Thornapple Kellogg School District
• TK Early Childhood Center, Thornapple Kellogg School District
• Athens High School, Troy School District
• Larson Middle School, Troy School District
• Troy High School, Troy School District
• Wattles Elementary School, Troy School District
• Lincoln Middle School, Van Dyke Public Schools
• Marjorie Carlson Elementary School, Van Dyke Public Schools
• Clifford H Smart Middle School, Walled Lake Consolidated Schools
• Commerce Elementary School, Walled Lake Consolidated Schools
• Wayland High School, Wayland Union Schools
• Wayland Union Middle School, Wayland Union Schools
• Gretchko Elementary School, West Bloomfield School District
• Scotch Elementary School, West Bloomfield School District
• West Bloomfield High School, West Bloomfield School District
• West Bloomfield Middle School, West Bloomfield School District
• Bates Elementary School, Woodhaven Brownstown School District
• Brownstown Middle School, Woodhaven Brownstown School District
• Patrick Henry Middle School, Woodhaven Brownstown School District
• Wegienka Elementary School, Woodhaven Brownstown School District
• Woodhaven High School, Woodhaven Brownstown School District
• Brownstown Middle School, Woodhaven-Brownstown School District
• Patrick Henry Middle School, Woodhaven-Brownstown School District
• Wegienka Elementary School, Woodhaven-Brownstown School District
• Woodhaven High School, Woodhaven-Brownstown School District
• Garfield Elementary School, Wyandotte School District
• Roosevelt High School, Wyandotte School District

Contact Lily Altavena: laltavena@freepress.com.

This article originally appeared on Detroit Free Press: New Title IX rules for LGBTQ+ students in effect, but not at these Livingston schools