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 three part test provides that provides that institutions comply with Title IX if they meet any one of the following parts of the test: (1) the number of male and female athletes is substantially proportionate to their respective enrollments; (2) the institution has a history and continuing practice of expanding participation opportunities responsive to the developing interests and abilities of the underrepresented sex; or (3) the institution is fully and effectively accommodating the interests and abilities of the underrepresented sex.

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.

2/7/25

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

LGTTQ Nation 9/8/25 As part of a legal settlement with medical associations and advocacy groups, the current presidential administration has agreed to restore more than 100 websites and online resources related to gender identity and diversity, equity, and inclusion (DEI).

Whitehouse.gov 2/5/25

Whitehouse.gov 7/23/25

Whitehouse.org 1/28/25

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

A group of nonprofit organizations representing LGBTQ interests sued President Donald Trump over three Executive Orders (“EOs”) that target diversity, equity, and inclusion (“DEI”) programs and trangender rights. The organizations argue that the EOs violate constitutional rights, including the freedom of expression and due process, and exceed the scope of the President’s authority under the constitution. The organizations have asked the court to declare the EOs unlawful and unconstitutional, and to immediately and permanently block the implementation and enforcement of the EOs.

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.

US Supreme Court will decided in 2026 whether Title IX prevents a state from designating girls' and boys' sports teams based on biological sex determined at birth; and (2) whether the equal protection clause of the 14th Amendment prevents a state from offering separate boys' and girls' sports teams based on biological sex determined at birth.

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.

The US Supreme Court said public schools likely 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.

Sixth Circ. Ct. of Appeals said that policy that prohibits students from misgendering trans students is ok.

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.

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