Transgender Law: Federal Laws

Title IX prohibits discrimination on the basis of sex in education.

Prohibits discrimination in the provision of health care.

Nondiscrimination against transgendered people in health programs and activities. Effective 5/6/24

The Trump administration finalized a rule that allows adoption and foster care agencies to receive federal grants, even if they choose to reject LGBTQ couples as potential parents for religious reasons.

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.

6/16/21

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.

NBC4 12/13/22

Allows new Ttitle IX regulations to take effect in Alabama.

The 19th 1/14/25

US Supreme Court ruled on 6/15/20 that a person cannot be fired solely for being transgendered.

US Supreme Court says the City of Philadelphia cannot prohibit Catholic Social Services from participating in its foster care program, even though CSS discriminates against same sex foster parents. This is because Philidelphia has an individualized exemption process, but refused to give one to CSS.

US Supreme Court held in 2018 that the Commission’s treatment of Phillips’ case violated the State’s duty under the First Amendment not to base laws on hostility to a religion or religious viewpoint.

US Supreme Court, extending Masterpiece Cakeshop, says that website designers don't have to design websites for marriages they don't agree with

This US Supreme Court decision said that gays can marry. This means that gay married couples should be able to adopt a child together and do step parent adoptions.

U.S. Supreme Court case saying Alabama must give Full Faith and Credit to Georgia gay adoption decree.

Executive Order 1/20/25

Whitehouse.gov 1/20/21

Whitehouse.gov 2/5/25

Whitehouse.org 1/28/25

Whitehouse.gov 6/15/22

1/27/25 Purports to ban trans people from serving in the military

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.

W. Va.'s ban against transgender athlete's violated the plaintiff's Title IX rights.

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).

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.

Ohio Supreme Court Strikes Down Frank LaRose’s Push for Fraudulently Worded Bellefontaine Drag Ban.

2023 US Dist Ct case in Ohio where parents argue that teachers encouragement of preferred pronoun use violates Title IX.

In 2025, the US Supreme Court will decide Whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out.

8th Cir. Court of Appeals puts a preliminary injunction on school policy requiring "respect" for gender pronouns, as too vague

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.

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.

USA Today 1/16/24.

2/7/25

Jacob Eisler, 32 Wm. & Mary Bill Rts. J. 909 (2024)