What About Title IX?

Legal Rulings Regarding School Access

Both Title IX and the Equal Protection Clause of the Fourteenth Amendment have been cited in rulings affirming transgender students’ equal right to access public accommodations, including restrooms and locker rooms in schools.

• Transgender Student Rights and Restrooms (Maine) — Maine Human Rights Commission
• California AB 1266 Final Guidance — California School Boards Association
• Resolution Agreement with the Arcadia School District — US DOE and US DOJ
• Board of Education of Highland Local School District v US Dept of Education — US District Court, Ohio, 2016
• Dodds v US Department of Education — US 6th Circuit Court, Ohio, 2016
• Tooley v Van Buren Public Schools — US District Court, Eastern District of Michigan
• Evancho v. Pine-Richland School District — US District Court, Pennsylvania, 2017
• Whitaker v Kenosha Unified School District — US 7th Circuit Court, Wisconsin, 2017
• A.H. ex rel. Handling v. Minersville Area School District — US District Court, Pennsylvania, 2017
• M.A.B. v Board of Education of Talbot County — US District Court for Maryland, 2018
• Title IX Gender Protections — US Department of Education

Additionally, cases filed on behalf of cisgender students opposed to school districts policies permitting transgender students to use facilities consistent with their gender identity have been found to not have a viable claims under Title IX.

• Students & Parents for Privacy v. US Dept of Education — US District Court, Illinois, 2016
• “Judge sides with Boyertown schools in transgender case” — Pennsylvania, 2017
• “Judge refuses to order school to suspend transgender policy” — Illinois, 2018