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Equal Protection Transgender

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Shipman & Goodwin LLP

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

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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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code

On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....more

Dentons

Iowa 2025 Legislative Session – Week 7

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Last week, Iowa Republicans fast-tracked legislation related to civil rights and gender identity in Iowa, and hundreds of protesters convened at the Capitol each day. New bills continued to be introduced ahead of the first...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

‘What Is a Woman?’ Alabama Governor Signs Bill Declaring There Are Only Two Sexes

On February 13, 2025, Alabama Governor Kay Ivey signed into law Senate Bill 79 / Act 2025-3, declaring that there are only two sexes, male and female. Originally introduced on February 4, 2025, the legislation amends Alabama...more

ArentFox Schiff

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

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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

Franczek P.C.

U.S. Department of Education Opens Title IX Investigations Into the Minnesota State High School League and the California...

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As we shared in a previous alert, in early February, President Trump issued an Executive Order titled “Keeping Men Out of Women’s Sports,” which restricts transgender women and girls from participating in women’s athletic...more

Venable LLP

Will Trump Executive Order Banning Transgender Women from Women's Sports Survive Legal Challenges?

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On February 5, President Trump signed an executive order (EO) that aims to ban transgender women from participating in women's and girls' sports. This is the fourth order concerning transgender people that Trump has signed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NCAA Bars Transgender Athletes from Women’s Sports Aligning With President Trump’s Executive Order

On February 6, 2025, the National Collegiate Athletic Association (NCAA) announced its new policy, prohibiting athletes assigned male at birth from participating in women’s sports competitions, aligning the NCAA eligibility...more

McGlinchey Stafford

Trump on Education: Transgender Women in Sports

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Issues related to education in the country were not widely discussed during the most recent presidential election, yet they remain central to ongoing policy debates. On February 5, 2025, President Donald Trump signed an...more

Franczek P.C.

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

Paul Hastings LLP

The Defending Women Executive Order Presents Potential Clash Between Federal and State Antidiscrimination Law

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On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (Defending Women EO). The Defending Women...more

Ballard Spahr LLP

Department of Education Confirms Return to Trump Administration’s 2020 Title IX Rule

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On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

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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

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

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On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Clark Hill PLC

Federal Judge Strikes Down 2024 Title IX Rules Nationwide

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Last week, a federal judge struck down the 2024 Title IX Regulations, ruling that the regulations, which expanded nondiscrimination protections for LGBTQ+ students, violate the Constitution. The ruling extends nationwide....more

Benesch

Biden’s 2024 Title IX Regulations Take a Blow - Federal District Court Rejects Re-Definition of “Sex” Under Title IX

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On January 9, 2025, a federal district court in Kentucky issued a decision that blocks the Biden administration’s attempt to change the definition of “sex” in Title IX regulations and enforcement....more

McGuireWoods LLP

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

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On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more

Hall Benefits Law

U.S. Supreme Court to Review Tennessee State Ban on Gender-Affirming Care

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The U.S. Supreme Court has agreed to review a decision of the U.S. Court of Appeals for the Sixth Circuit that upheld a Tennessee state law banning gender-affirming care for minors and overturned a lower court injunction that...more

Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

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As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

ArentFox Schiff

Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care

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Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v....more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Holland & Knight LLP

Religious Institutions Update: January 2024

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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

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