The Montana University System will not implement any of the new federal Title IX regulations from the U.S. Department of Education following a preliminary injunction over the rules from a federal court in Louisiana.
Montana is part of a lawsuit along with Louisiana, Mississippi and Idaho against the regulations, which would say that sex-based discrimination bans for education programs funded with federal money extend to LGBTQ+ students and employees.
The term LGBTQ+ includes lesbian, gay, bisexual, transgender, queer and other non-cisgender and non-straight identities.
In mid-June the federal district court of Louisiana issued the preliminary injunction temporarily blocking the regulations while the litigation plays out.
A memo from the Montana University System’s chief legal counsel said that because of that order, the state will not proceed with implementing the new regulations. All campuses in the system are “directed to continue to operate under current policies which align with the 2020 Title IX regulations.”
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“As always, the MUS is committed to creating a safe learning environment for all students, faculty and staff,” the memo reads. “Complaints of discrimination should be evaluated based upon the individual facts to determine if the conduct alleged rises to the level of prohibited conduct pursuant to MUS policy,” the memo reads.
Much of the dialogue around the regulations has centered around transgender athletes, and specifically trans women. Montana in 2021 passed a bill to ban transgender women from playing on women’s sports teams, but earlier this year the state Supreme Court struck that law down as unconstitutional.
In a press release Tuesday, Gov. Greg Gianforte referenced that Supreme Court order and a letter he sent to the college Board of Regents to instead “enact formal policy to protect collegiate female athletes.”
In the release Tuesday he said he was pleased to see the MUS memo, which was dated July 11.
“In Montana, we’ve made it clear that we will not let a loud vocal minority or the President of the United States prevent us from doing the right thing for girls and young women,” Gianforte said. “I am grateful to OCHE and the Montana University System for standing firm on policies that protect girls and women on Montana’s colleges and universities.”
