New Title IX rules for LGBTQ+ students in effect, but not at these 100+ Michigan schools

Detroit Free Press

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.