News & Analysis as of

Constitutional Challenges Gender Identity

Sheppard Mullin Richter & Hampton LLP

Recent Legal and Regulatory Developments Involving Gender-Affirming Care

On January 28, 2025, President Trump signed Executive Order 14187 (the “EO”), which directed the federal government to take steps to ensure that the federal government does not “sponsor, promote, assist, or support” the...more

Whiteford

Client Alert: Title IX vs. States' Rights: Who Will Win?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Whiteford

Client Alert: What’s to Become of Title IX?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

ArentFox Schiff

Gender-Affirming Care for Minors: Executive Order 14187 and Its Implications for Hospitals and Health Systems

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President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors....more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

Montgomery McCracken on

When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Holland & Hart LLP on

The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Shipman & Goodwin LLP

State of Maryland and Washington Federal Judges Enjoin Two of President Trump's Gender Identity Executive Orders

Shipman & Goodwin LLP on

As Justice Kennedy remarked in the landmark decision striking down the Defense of Marriage Act: “The Constitution’s guarantee of equality ‘must at the very least mean that a bare [governmental] desire to harm a politically...more

Snell & Wilmer

Nationwide Preliminary Injunction Issued on Executive Order Limiting Gender-Affirming Care

Snell & Wilmer on

On March 4, 2025, a federal judge in Maryland issued a preliminary injunction to an executive order restricting access to gender-affirming care for individuals under the age of nineteen (the Executive Order)....more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Snell & Wilmer

Federal Judge Extends Block on Executive Orders Limiting Gender-Affirming Care

Snell & Wilmer on

On January 28, 2025, President Trump issued an executive order restricting access to gender affirming care for individuals under the age of nineteen (the Executive Order). Within two weeks of its issuance, two federal courts...more

Foley Hoag LLP - State AG Insights

State AGs Take the Lead in First Month of Trump Opposition

The first month of the second Trump Administration has been marked by a deluge of executive orders and federal agency directives aimed at implementing the new administration’s policy priorities. State Attorneys General have...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education

Marshall Dennehey on

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations.  In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of...more

Berkshire

Trump Administration Sued A Second Time Over DEI-Related Executive Orders

Berkshire on

The Legal Defense Fund (LDF) and Lambda Legal has filed a federal lawsuit in the District of Columbia alleging that several of President Trump’s executive orders regarding “DEI” violate the Free Speech and Equal Protection...more

ArentFox Schiff

The Uncertain Future of Gender-Affirming Care for Minors, Part 1: United States v. Skrmetti

ArentFox Schiff on

Gender-affirming care (GAC) is a model of care encompassing medical, surgical, mental health, and non-medical services to support transgender and nonbinary individuals in affirming their gender identity. Advocates argue that...more

Parker Poe Adams & Bernstein LLP

Georgia and 16 Other States Challenge Constitutionality of Section 504

Georgia and 16 other states recently joined a lawsuit challenging a rule finalized last year by the Biden administration that expanded the definition of Section 504 of the Rehabilitation Act, the federal law prohibiting...more

Latham & Watkins LLP

Update: Overview of Trump’s Executive Order on Pediatric Gender Dysphoria Matters

Latham & Watkins LLP on

Navigating the Trump administration executive order impacting pediatric gender dysphoria evidence, coverage, disclosures, regulation, legislation, and enforcement as well as grants to certain medical institutions, including...more

Shipman & Goodwin LLP

Two Federal Courts Issue Injunctions Temporarily Blocking Trump’s Executive Order Restricting Access to Gender Affirming Care

Shipman & Goodwin LLP on

On January 28, 2025, President Trump issued Executive Order 14187, directed at limiting gender-affirming care provided to children and teenagers under the age of nineteen, alerting that the federal government “will not fund,...more

Patterson Belknap Webb & Tyler LLP

U.S. Department of Education Confirms It Will Enforce 2020 Title IX Rule and Regulations Following District Court Ruling and...

On January 9, 2025, a federal district court vacated a set of Title IX regulations and—at least for now—resolved the question of whether Title IX protects students from discrimination on the basis of gender identity and...more

Jackson Lewis P.C.

How NCAA Changes to Transgender Policy Following President Trump’s Executive Order Impact Schools

Jackson Lewis P.C. on

On Feb. 5, 2025, President Donald Trump signed executive order “Keeping Men Out of Women’s Sports,” which prohibits transgender women from participating in female athletic categories at federally funded educational...more

Offit Kurman

Defending Women from Gender Ideology an Individual’s Sex Is Not a Simple Matter

Offit Kurman on

On January 20, 2025, President Donald Trump issued the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal...more

Parker Poe Adams & Bernstein LLP

What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

On January 29, 2025, President Trump signed an executive order entitled "Ending Radical Indoctrination in K-12 Schooling," aimed at dismantling the "radical, anti-American…echo chamber[s]" he contends public schools have...more

Skadden, Arps, Slate, Meagher & Flom LLP

Overview of Trump’s Executive Actions and Considerations for Potential Litigation

The Trump administration has taken, and continues to take, executive actions that have the potential to significantly affect the public and private sectors alike. The result is an ever-changing legal environment presenting...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Children from Chemical and Surgical Mutilation (Trump EO Tracker)

Summary - The Executive Order announces that the United States "will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another and will rigorously enforce all laws that...more

Moore & Van Allen PLLC

New Executive Orders on Immigration

Moore & Van Allen PLLC on

On January 20, 2025, President Trump was inaugurated for his second term and in alignment with his “Day One” campaign promises, he signed ten executive orders that support his immigration agenda. These executive orders touch...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

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