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Thursday, October 27, 2016

TX judge clarifies Title IX enforcement limits as case proceeds

Last week a Texas federal judge ruled federal officials are temporarily barred from enforcing students’ rights with regard to school restroom and locker room use under the federal Title IX law. The temporary injunction applies to federal enforcement activities across the whole country while the court considers a lawsuit by some state officials challenging recent federal guidance. The injunction does not limit students’ right to file lawsuits based on discrimination in restroom access, and it does not apply to other types of Title IX complaints, including harassment or other forms of discrimination against trans students. The next day, the U.S. Justice Department filed a notice of appeal in the case.

The Texas judge entered the preliminary injunction on August 21, 2016, stating that Title IX does not protect transgender students. Most courts have disagreed, and in the last month three other courts have sided with transgender students in cases involving restroom use.

NCTE will continue advocating for transgender students, students’ right to use the restrooms and other facilities that match their gender identity. For more information, see NCTE’s School Action Center and our Know Your Rights at School resource.

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