Alabama—Today, the 11th Circuit Court of Appeals heard oral arguments in Alabama v. Department of Education, which involves protections for transgender students.
A coalition of gender justice organizations is advocating for federal rules that ensure transgender students have equal access to school facilities—such as restrooms and locker rooms—that align with their gender identity.
This past October, the National Women’s Law Center, represented by Democracy Forward and joined by more than 40 organizations dedicated to advancing gender equity, filed a friend-of-the-court brief in the Eleventh Circuit in an appeal to a federal district court ruling that blocks these protections in Alabama and other states.
“For more than 50 years, Title IX has been essential in addressing sex discrimination and creating equitable opportunities in education,” said Madeline Gitomer, Senior Counsel at Democracy Forward. “The protections at issue in this case are critical for ensuring that all students, including LGBTQI+ youth, can learn and thrive in environments free from discrimination and harm.”
A regulation issued earlier this year by the U.S. Department of Education (DoE), consistent with Supreme Court case law, states that protections against sex discrimination necessarily include protections against discrimination based on gender identity or sexual orientation. In line with that, the Title IX regulation clarifies that all students can use school facilities—such as restrooms and locker rooms—that align with their gender identity.
However, Alabama and other states are challenging this regulation. The district court denied the request to block the Title IX regulation from going into effect while the case was pending. However, the Eleventh Circuit has blocked the regulation as it considers the plaintiffs’ appeal.
The coalition’s brief highlights the significant harm caused by denying transgender students access to facilities aligned with their identity. Such policies negatively impact students’ mental health, safety, and ability to succeed academically, perpetuating the stigma and exclusion that Title IX seeks to prevent.
“Every student deserves the opportunity to succeed in school without facing discrimination,” added Gitomer. “This case represents a crucial effort to ensure educational environments are inclusive and equitable for all.”
Democracy Forward and its partners remain committed to ensuring that all students can pursue their education with dignity and equal opportunity.
Currently, Democracy Forward is working with allies to defend Title IX protections in several other active cases regarding Title IX protections for transgender students, including:
- Arkansas et al. v. Department of Education
- Louisiana et al. v. Department of Education
- Tennessee et al. v. Department of Education
- Alabama et al. v. Department of Education
- Kansas et al. v. Department of Education
For more information about Democracy Forward, please visit www.democracyforward.org.
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