News & Analysis as of

Sexual Orientation Discrimination LGBTQ School Restrooms

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

Benesch on

Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...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

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

Rumberger | Kirk on

School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Franczek P.C.

Despite Change in High Court Composition, U.S. Supreme Court Declines to Hear Challenge to Transgender Student Rights

Franczek P.C. on

This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower...more

Franczek P.C.

Illinois State Law Protections for Transgender Students Increase As Slowdown in Federal Enforcement Continues

Franczek P.C. on

In a recent decision, the Illinois Human Rights Commission (IHRC) ruled that Illinois schools cannot limit transgender students’ unfettered access to the locker rooms that correspond to their gender identities. The decision...more

Harris Beach PLLC

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Harris Beach PLLC on

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

Fisher Phillips

Federal Court Rules In Favor Of Transgender Teen In Florida Bathroom Case

Fisher Phillips on

A federal court in Jacksonville, Florida recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his high school. The July 2018 decision marked the first time that a Florida court has ruled on...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Ballard Spahr LLP

Third Circuit Rejects Challenge to School District's Bathroom Policy for Transgender Students

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has issued its much anticipated precedential opinion upholding denial of a preliminary injunction against a Pennsylvania school district's policy allowing transgender high...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

FordHarrison on

The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Haynsworth Sinkler Boyd, P.A.

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Seyfarth Shaw LLP

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

Ballard Spahr LLP

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

Ballard Spahr LLP on

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Robinson+Cole Data Privacy + Security Insider

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

Troutman Pepper

Is Title IX Guidance and Enforcement About to Change?

Troutman Pepper on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

Bowditch & Dewey

Leaked Draft Executive Order to Respect Religious Freedom Disrespects the LGBTQ Community

Bowditch & Dewey on

Last summer, Donald Trump received recognition for being the first Republican presidential nominee to mention the LGBTQ community in his acceptance speech. If you didn’t actually listen to his speech or read the transcript,...more

Akerman LLP

LGBT Rights Up in the Air

Akerman LLP on

Changes that may impact LGBT rights in the workplace have employers spinning. This week's news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

Hogan Lovells

U.S. Departments of Education and Justice Withdraw Guidance on Transgender Students

Hogan Lovells on

On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected...more

Franczek P.C.

Administration Withdraws Transgender Guidance While Considering Legal Issues

Franczek P.C. on

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

FordHarrison

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

FordHarrison on

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

Fisher Phillips

Trump DOJ Drops Obama Administration’s Transgender Bathroom Fight

Fisher Phillips on

Last week, the Justice Department withdrew the pending legal challenge that had sought to reverse the federal court decision blocking the implementation of the Obama administration’s transgender bathroom policy for public...more

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