The Title IX Cases


Red states have been in a performative uproar since President Biden announced in late April that the ACA’s antidiscrimination provisions will include trans-inclusive language prohibiting discrimination on the basis of gender identity and sexual orientation. This is nothing new — the Obama Administration enacted the same change, which was subsequently rescinded by the Trump Administration. This latest interpretation largely follows existing case law and legal precedents from across the country, which hold that trans individuals are entitled to equal dignity and treatment in educational settings.

Since the announcement, 26 republican-led states have filed seven separate lawsuits against the Biden Administration challenging the new trans-inclusive mandates in Title IX. They are as follows:

  1. Alabama & Co.

    • Alabama, Florida, Georgia & South Carolina

    • Filed a COMPLAINT in the U.S. District Court for the Northern District of Alabama on April 29, 2024.

  2. Texas

    • Filed a COMPLAINT in the U.S. District Court for the Northern District of Texas on April 29, 2024.

  3. Louisiana & Co.

    • Louisiana, Mississippi, Idaho & Montana

    • Filed a COMPLAINT in the U.S. District Court for the Western District of Louisiana on April 29, 2024.

  4. Kentucky & Co.

    • Kentucky, Tennessee, Indiana, Ohio, West Virginia & Virginia

    • Filed a COMPLAINT in the U.S. District Court for the Eastern District of Kentucky on April 30, 2024

  5. Oklahoma

    • Filed a COMPLAINT in the U.S. District Court for the Western District of Oklahoma on May 6, 2024.

  6. Missouri & Co.

    • Missouri, Arkansas, North Dakota, South Dakota, Iowa & Nebraska

    • Filed a COMPLAINT in the U.S. District Court for the Eastern District of Missouri on May 7, 2024.

  7. Kansas & Co.

    • Kansas, Alaska, Utah & Wyoming

    • Filed a COMPLAINT in the U.S. District Court for the District of Kansas on May 14, 2024.


BACKGROUND

More info to come.

For more information on how the Supreme Court’s 2024 decision overturning Chevron affects gender-affirming care, read this article in Law360 written by Hannah Albarazi.


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B.P.J. v. West Virginia State Board of Education

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Hecox v. Little