| Title IX requires that educational institutions take steps to address and prevent sex discrimination, working to create school environments where all students have equal access to educational opportunities. A recent regulation issued under Title IX confirms, consistent with Supreme Court case law, that protections against sex discrimination necessarily include protections against discrimination based on gender identity or sexual orientation. The regulation ensures that all students can use school facilities—such as restrooms and locker rooms—that align with their gender identity.
Several states, organizations, and individuals have sued the Department of Education (DOE) to challenge the new Title IX regulations, aiming to undermine anti-discrimination Title IX protections for LGBTQ+ students. These plaintiffs argue that protections against sex discrimination should not include protections against gender identity discrimination. They also argue that the regulation infringes on the privacy and safety of cisgender students despite no evidence supporting these claims. Democracy Forward has filed several briefs on behalf of the National Women’s Law Center (NWLC) in several cases across the country. These cases are attempting to strike down Title IX’s protections for transgender students. The brief explains how case law shows that protections against sex discrimination under Title IX necessarily include protections based on gender identity. It explains that transgender students should be permitted to use facilities that align with their gender identity and that no evidence shows that allowing them to do so infringes on the privacy or safety of other students. Finally, the brief highlights studies and stories that show how excluding transgender students from these facilities results in substantial harm, such as increased risk of assault and adverse mental and physical health outcomes. The amicus brief has been filed in each of the cases below. |
On May 7, 2024, six states led by Arkansas challenged the Title IX rule, arguing that the “sex discrimination” protections included in Title IX do not include protection against gender identity discrimination. In addition, they argue that allowing transgender students to use school facilities that align with their gender identity will harm cisgender students’ privacy and safety. On June 26, 2024, Democracy Forward filed a brief before the District Court of Missouri on behalf of NWLC, arguing that both social science and legal precedent demonstrate that cisgender students are not harmed by transgender students’ presence and that Title IX protects transgender students against gender discrimination. The brief also explains that when transgender students are prohibited from using school facilities like bathrooms and locker rooms that align with their gender identities, those students are significantly harmed, both physically and psychologically. The states challenging this rule in this case are Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota; joined by A.F., a Minor, represented by Sara Ford, are asking the court to stop the rule’s effects as their lawsuit continues. The Eastern District Court of Missouri granted this request on July 24, 2024. The government has appealed that ruling to the Eighth Circuit Court of Appeals.
On April 29, 2024, four states led by Louisiana challenged the Title IX rule, alleging that its application would harm cisgender students and that sex discrimination does not include discrimination based on gender identity. Louisiana, Mississippi, Montana, and Idaho are the states challenging the Title IX rule in this case; they are asking the court to stop the effects of the rule as the case continues, a request granted by the Western District of Louisiana on June 13, 2024. The government has appealed that decision to the Fifth Circuit Court of Appeals.
On April 30, 2024, six states led by Tennessee challenged Title IX arguing that allowing transgender children to use school facilities that align with their gender identity will jeopardize the privacy and safety of cisgender students and that the application of Title IX would affect First Amendment rights, restricting freedom of expression by forcing students and staff to use gender identity-based pronouns. The states challenging Title IX in this case are Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia; and are asking the court to stop the effects of Title IX in their states – a request that was granted by the Eastern District Court of Kentucky on June 16, 2024. On August 13, 2024, Democracy Forward filed a brief before the Court of Appeals for the Sixth Circuit on behalf of the NWLC and 41 Gender Justice Organizations, highlighting the devastating consequences of stopping discrimination protections for transgender students from going into effect in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia. “For more than a half-century, Title IX has been an important tool in making education more accessible and in addressing sex discrimination that is all too common in our schools. The protections under threat in this case are a meaningful step toward ensuring more effective protections for everyone, including student survivors of sexual harassment, pregnant and parenting students, and LGBTQI+ students,” said Kaitlyn Golden, Senior Counsel for Democracy Forward.
On April 29, 2024, four states led by Alabama challenged the Title IX rule. Besides alleging the “illegal expansion of sex discrimination to transgender discrimination” and privacy and safety concerns for cisgender children, they argue that Title IX undermines the integrity of women’s sports and threatens to erode the competitive opportunities for women and girls. In this case, Alabama, Florida, Georgia, and South Carolina are the states challenging Title IX, in addition to the Independent Women’s Law Center, Independent Women’s Network, Parents Defending Education, and Speech First Inc. The district court denied the request to stop the rule’s effects. However, the Eleventh Circuit has prohibited the rule as it considers the plaintiffs’ appeal.
On May 14, 2024, four states led by Kansas challenged the Title IX rule. They argued that “sex discrimination” under Title IX does not cover gender identity discrimination. They claimed that allowing transgender children to use school facilities matching their gender identity would threaten the privacy and safety of cisgender students. Additionally, they argued that enforcing Title IX in this way would violate First Amendment rights by forcing students and staff to use pronouns based on gender identity, thus restricting freedom of expression. In this case, the states challenging Title IX are Kansas, Alaska, Utah, and Wyoming, in addition to private plaintiffs Moms for Liberty, Young America’s Foundation, Female Athletes United, and K.R., a minor represented by Shawna Rowland. They are asking the court to stop the effects of Title IX in their states, a request granted by the District Court of Kansas on July 2, 2024. In appellate stage, on September 3, 2024, the NWLC and other 24 gender justice organizations, represented by Democracy Forward, filed a brief in the Tenth Circuit, highlighting the importance of considering and credit evidence-based research regarding that transgender students’ use of restrooms or locker rooms consistent with their affirmed gender does not injure any student. |
Key Filings
- Brief in support of NWLC - District Court of Missouri (5/7/24) (PDF) (PDF / 490 KB)
- Brief in support of NWLC and 41 gender justice organizations - Tennessee et.al. v. DOE et. al. - Court of Appeals of the Sixth Circuit (8/13/24) (PDF) (PDF / 3 MB)
- Brief in support of NWLC and gender justice organizations - Kansas et.al. v. DOE et.al. - Court of Appeals of the Tenth Circuit (9/3/24) (PDF) (PDF / 341 KB)
- Brief in support of NWLC and gender justice organizations - Louisiana et.al. v. DOE et.al. - Court of Appeals of the Fifth Circuit (9/4/24) (PDF) (PDF / 3 MB)