While the new Title IX regulations are slated to take effect on Aug. 1, over 670 universities and 400 K-12 schools are facing injunctions and their resulting uncertainty about what to do next. The new rulemaking, released in April, generally reworks the procedural requirements for how schools address Title IX complaints and allows schools greater latitude in deciding whether to offer live hearings. While these procedural changes make up the bulk of the new regulation, the change in the definition of "sex discrimination," which now includes sexual orientation, gender identity, and pregnancy and related conditions, has been the basis for numerous lawsuits brought by states and interest groups.

In 15 states, federal courts have granted injunctions concerning the enforcement of the new rules by the Department of Education (ED) and the implementation by colleges and universities. In addition, Judge John Broomes of the U.S. District Court for the District of Kansas granted an injunction to Moms for Liberty, Young America's Foundation and Female Athletes United blocking the enforcement of the new Title IX rules in any school attended by the children of the interest groups' members. While the groups had initially sought an injunction that applied to every county where members lived, Broomes' seemingly more tailored injunction specifically noted that it applies to current and prospective members, meaning as the groups gain new members, the list of enjoined schools can grow. There are currently over 670 universities enjoined by the overlapping injunctions, including local colleges and universities.