Transgender Law: Federal Laws

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

Prohibits discrimination in the provision of health care.

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.

6/16/21

NBC4 12/13/22

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.

Whitehouse.gov 1/20/21

Whitehouse.gov 6/15/22

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).

Ohio school district can go forward with a policy allowing trans students to use the bathroom that matches their gender identity.

Holding that excluding transgender student from restrooms consistent with her gender identity likely constituted sex-based discrimination under Title IX and the Equal Protection Clause.

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.

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.

US Dist Court case filed 8/30/21 that challenges the U.S. Department of Education’s decision in June that discrimination based on sexual orientation or gender identity violates Title IX, which bans federal funding to education programs practicing sex-based discrimination.
The suit also contests guidance from the chair of the U.S. Equal Employment Opportunity Commission that employers can’t discriminate against gay or transgender people under the Civil Rights Act of 1964.

USA Today 1/16/24.