LibGuides: Ohio School Law: LGBTQ

New Legislation

SB 104 (2024)
Requires public and community K-12 schools and colleges to mandate that students could only use the bathroom or locker room that matches their sex assigned at birth.

Cases

Adams v. School Bd. of St. John's County
2023 11th Circuit ruling that a Florida school board didn’t violate transgender high school student Drew Adams’ equal protection rights when it banned him from using the boys' bathrooms.
BPJ v. W. Va. State Bd of Educ. (4th Cir. Ct. of Appeals 2024)
W. Va.'s ban against transgender athlete's violated the plaintiff's Title IX rights.
Dodds v. US Dept of Educ., 845 F.3d 217 ( 6th Cir. Court of Appeals 2016)
Holding that discrimination against transgender students likely constitutes sex discrimination under Title IX of the Education Amendments Act of 1972 and the Equal Protection Clause of the U.S. Constitution).
Doe no. 1 v. Bethel Local School District (2023) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Ohio school district can go forward with a policy allowing trans students to use the bathroom that matches their gender identity.
Grimm v. Gloucester Cnty. Sch. Bd.
4th Cir. Ct. of Appeals held that equal protection and Title IX protect transgender students from school bathroom policies that prohibit them from affirming their gender. We join a growing consensus of courts in holding that the answer is resoundingly yes. The US Supreme Ct refused to grant the School Bd's petition for cert on 6/27/21.
Hildreth v. LaRose (2023)
Ohio Supreme Court Strikes Down Frank LaRose’s Push for Fraudulently Worded Bellefontaine Drag Ban.
Kattenbach v. Hilliard City Schools
2023 US Dist Ct case in Ohio where parents argue that teachers encouragement of preferred pronoun use violates Title IX.
Parents Defending Education (2023)
8th Cir. Court of Appeals puts a preliminary injunction on school policy requiring "respect" for gender pronouns, as too vague
Parents Defending Educ. v. Olentangy Local Sch. Dist. Bd. of Educ. (2023)
US Dist Ct in Ohio said that policy that prohibits students from misgendering trans students is ok. This has been appealed to the Sixth Cir. Court of Appeals.
Tennesse v. US Dept of Education 2024
The 6th Circuit said the department had not followed the proper procedures for making new rules and did not address whether a federal law banning sex discrimination in education extends protections to LGBTQ students.
U.S. Supreme Court declines to weigh in on battle over bathrooms for transgender students
USA Today 1/16/24.

Ohio Legislation

HB 8 (2023)
"Parents Bill of Rights" would require trans students to be outed to their parents. Would also give parents veto over "sexuality content" in school curriculum.
HB 68 (2023)
Prohibits gender affirming care for minors, requires schools, state institutions of higher education, and private colleges to designate separate single-sex teams and sports for each sex.
HB 616 (2023)
Proposed legislation is Ohio's version of Florida's "Don't Say Gay" bill
Not just Florida. More than a dozen states propose so-called 'Don't Say Gay' bills
NPR 4/10/22

Education Department Regulations

Federal judge in Alabama lets Title IX rule protecting LGBTQ kids go forward in four states
Ohio Capital Journal 8/1/24. Though the final rule is slated to go into effect on August 1 it’s now blocked in 22 states and has faced mounting legal uncertainty.
Federal Register Notice of Interpretation: Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County
6/16/21
Tennesse v. US Dept of Education 2024
The 6th Circuit said the department had not followed the proper procedures for making new rules and did not address whether a federal law banning sex discrimination in education extends protections to LGBTQ students.
Ohio Board of Education approves anti-LGBTQ+ resolution
NBC4 12/13/22
Alabama v. Cardona (2024)
Allows new Ttitle IX regulations to take effect in Alabama.

Articles

The Emerging First Amendment Right to Mistreat Students
Andrew Koppelman,73 Case W. Rsrv. L. Rev.
1209 (2023)
Misgendering, Academic Freedom, the First Amendment, and Trans Students
Laura Beth Nielsen, Elsinore Kuo, and Evan Zhao, 73 Case W. Res. L. Rev. 1047 (2023).
OHIO: A CASE STUDY IN SUBNATIONAL AUTHORITARIANISM
Emily M.S. Houh, 16 Drexel L. Rev. 713 (2024)

SERVING TRANS* PATRONS IN PUBLIC LAW LIBRARIES
Jennings, Bethany Mills. AALL Spectrum, July/August 2017

Links

ABA Resolution 515 9/10/21
That the American Bar Association urges state, local, territorial and tribal legislatures, education officials, and school boards to include information about the historical and social contributions of LGBTQ individuals in curricula of publicly funded elementary and secondary schools; and FURTHER RESOLVED, That the American Bar Association urges state, local, territorial and tribal legislatures, education officials, and school boards to include age-appropriate LGBTQ-inclusive sexual health education in the curricula of publicly funded elementary and secondary schools to promote public health best practices and improve youth mental health outcomes.

4 Things Public Schools Can and Can’t Do When It Comes to Dress Codes
ACLU.org
ACLU MOVES TO DEFEND OHIO TRANS STUDENT’S RIGHT TO USE RESTROOM THAT CORRESPONDS WITH HER GENDER IDENTITY
The case Doe v. Bethel School District.
BC Faculty Members Criticize BC Faculty & Staff Experience Survey In Open Letter
Boston College Newspaper 4/10/22
Catholic Diocese of Cleveland issues official policy barring LGBTQ+ expression
Ideastream Public Media 9/11/23 reporting on policies of Ohio Catholic Schools
Florida Settles ‘Don’t Say Gay’ Lawsuit: Teachers Can Talk About Gender And Sexual Orientation Outside Instruction
Forbes 3/11/24
HB 1557: Parental Rights in Education
Florida's proposed "Don't Say Gay" would ban the discussion of gender identity and sexual orientation in K-12 schools.
How Discriminatory Censorship Laws Imperil Public Education
National Education Policy Center report 2023
Kentucky among the states where new laws govern pronoun use in schools
WUKY 11/21/23 Parents have to be consulted before using pronouns for student which don't match the sex assigned at birth.
LGBTQ+ librarians grapple with attacks on books - and on themselves
AP News 6/22/24
Muslim, Christian parents sue Ohio school board over transgender bathroom and locker room policies
Fox News 11/23/22
Ohio teacher told principal using students' preferred pronouns violated her religion.
NBC News 12/19/22
President Trump’s Plan to Save American Education and Give Power Back to Parents
South Dakota bans transgender athletes in high school sports
2/4/22
A TRANSGENDER ADVOCATE’S GUIDE TO UPDATING AND AMENDING SCHOOL RECORDS
Lambda Legal