News & Analysis as of

Gender Identity Department of Education Equal Protection

Franczek P.C.

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

Franczek P.C. on

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

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

Venable LLP

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

Venable LLP on

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

McGlinchey Stafford

Trump on Education: Transgender Women in Sports

McGlinchey Stafford on

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

Quarles & Brady LLP

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

Quarles & Brady LLP on

Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Franczek P.C.

President Trump Signs Executive Order Requiring Sex-Based Classifications

Franczek P.C. on

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more

BCLP

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

BCLP on

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

Clark Hill PLC on

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

Williams Mullen

Title IX Risk and Legal

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Title IX, enacted as part of the Education Amendments of 1972, is a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Its primary...more

Franczek P.C.

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

Franczek P.C. on

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

Bricker Graydon LLP

2024 Title IX Regulations Vacated by Federal Court

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in which it vacated the 2024 Title IX regulations that went into effect in many states on August 1, 2024....more

Snell & Wilmer

District Court Vacates Department of Education’s Final Rule Related to Title IX Protections and Gender Identity

Snell & Wilmer on

On January 9, 2025, a Kentucky District Court vacated the Department of Education’s (the “Department”) 2024 Title IX final rule (the “Final Rule”) in State of Tennessee v. Cardona, on the basis that the Final Rule is contrary...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be...more

FordHarrison

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Franczek P.C.

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

Franczek P.C. on

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Seyfarth Shaw LLP

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Ruder Ware

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

Ruder Ware on

The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

Kelley Drye & Warren LLP

Supreme Court Poised to Weigh in on Transgender Rights

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the...more

Tucker Arensberg, P.C.

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

Tucker Arensberg, P.C. on

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

Seyfarth Shaw LLP

Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the...more

Seyfarth Shaw LLP

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

Seyfarth Shaw LLP on

The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

McGuireWoods LLP

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

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On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

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