Title IX requires that educational institutions take steps to address and prevent sex discrimination and 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. 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.

Several entities opposed to protections for LGBTQI+ students have sued the Department of Education (DOE) to challenge the Title IX regulations, aiming to undermine these protections. They argue that protections against sex discrimination should not include protections against gender identity discrimination. They also argue that the Title IX regulation interferes with the privacy and safety of cisgender students—despite no evidence supporting these arguments. 

Democracy Forward has filed several amicus briefs in support of the Title IX regulation on behalf of the National Women’s Law Center (NWLC) and other organizations committed to gender justice in several cases across the country. Our briefs support the Title IX regulation and name the harms at stake for all students, including transgender students. 

These amicus briefs highlight the legal precedents supporting Title IX’s protection of transgender students as highlighted in this regulation. Our briefs explain that transgender students should be permitted to use facilities that align with their gender identity, as included in the Title IX regulation.

We also highlight that there is no evidence showing that allowing transgender students to use gender-aligned restrooms harms any other students. Finally, the brief cites studies and stories that confirm how excluding transgender students from school facilities results in substantial harm, such as increased risk of assault and adverse mental and physical health outcomes, including an increased risk of suicide. 

“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.

• Arkansas et al. v. Department of Education

On May 7, 2024, six states led by Arkansas challenged the Title IX regulation, 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 Eastern District of Missouri on behalf of NWLC in support of the Title IX regulation. We argue 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 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. These parties asked the court to block the Title IX regulation 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 November 25, 2024, Democracy Forward filed a brief in the Eighth Circuit representing NWLC and other organizations supporting the Title IX regulation and transgender students. 

• Louisiana et al. v. Department of Education

On April 29, 2024, four states led by Louisiana challenged the Title IX regulation, alleging that these protections for transgender students would harm cisgender students and that federal protections against sex discrimination do not include gender identity.

Louisiana, Mississippi, Montana, and Idaho are asking the court to block the Title IX regulation 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 September 4, 2024, Democracy Forward filed a brief before the Court of Appeals for the Fifth Circuit supporting the Title IX regulation and transgender students on behalf of NWLC and 20 other organizations committed to gender justice. 

• Tennessee et al. v. Department of Education

On April 30, 2024, six states led by Tennessee challenged the Title IX regulation arguing that allowing transgender students to use school facilities that align with their gender identity will jeopardize the privacy and safety of cisgender students. They also argued that Title IX regulation would affect First Amendment rights, restricting freedom of expression by forcing students and staff to use gender identity-based pronouns. 

In this case, the states challenging the Title IX regulation are Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia. They are asking the court to block the policy in their states as the case continues—a request that the Eastern District Court of Kentucky granted 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 NWLC and 41 other organizations committed to gender justice supporting the Title IX regulation and transgender students. In the brief, we highlighted the consequences of undermining discrimination protections for transgender students in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia. 

• Alabama et al. v. Department of Education

On April 29, 2024, four states led by Alabama challenged the Title IX regulation. Besides alleging the “illegal expansion of sex discrimination to transgender discrimination” and privacy and safety concerns for cisgender children, they argue that the Title IX regulation 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 challenging the Title IX regulation, along with the Independent Women’s Law Center, Independent Women’s Network, Parents Defending Education, and Speech First Inc. 

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.

On October 28, 2024, Democracy Forward filed a brief before the Court of Appeals for the Eleventh Circuit on behalf of NWLC and 14 other organizations committed to gender justice supporting the Title IX policy and transgender students. 

• Kansas et al. v. Department of Education

On May 14, 2024, four states led by Kansas challenged the Title IX regulation. They argued that protections against sex discrimination under Title IX do not include protections against gender identity discrimination. They claim that allowing transgender students 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 the Title IX regulation 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 block the Title IX regulation in their states while the case develops, a request granted by the District Court of Kansas on July 2, 2024. The government has appealed this decision to the Tenth Circuit Court of Appeals.

On September 3, 2024, Democracy Forward filed a brief before the Court of Appeals for the Tenth Circuit supporting the Title IX regulation and transgender students on behalf of NWLC and 24 other organizations committed to gender justice.