Mercer Times

Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that, together with California and Pennsylvania, they have filed the first of several amicus briefs defending Title IX, the landmark law prohibiting sex-based discrimination in education, from another federal court challenge that threatens the rights of students in schools and colleges nationwide.

The U.S. Department of Education recently issued a new rule, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," following a suit by New Jersey and state partners seeking reversal of the previous administration’s rollback of Title IX protections relating to sexual assault and sexual harassment in K-12 schools, colleges, and universities.

Days after the Final Rule was released, a group of states—Tennessee, Kentucky, Ohio, Virginia, Indiana, and West Virginia—sued the U.S. Department of Education to block implementation of the entire Final Rule. The plaintiffs argue for a return to 2020 standards because the Final Rule explicitly protects transgender students and rectifies harm caused when the prior administration narrowed Title IX’s scope. Their narrow interpretation of Title IX is not supported by law or by the U.S. Department of Education’s longstanding policy and practice.

“Enough is enough,” said Attorney General Platkin. “We need policies that durably ensure fair and nondiscriminatory treatment of all students nationwide and do not change with the political winds. We’re thankful for strong federal protections for students against sex discrimination and sexual harassment, and we are proud to continue paving the way to ensure those protections remain intact.”

“The experiences of New Jersey and our state partners have long demonstrated that school antidiscrimination laws are necessary to protect students from bias and harassment, and to protect student safety and privacy,” said Sundeep Iyer, Director of the Division on Civil Rights. “All students deserve protection from discrimination on the basis of gender identity or expression, no matter where they live.”

In the amicus brief filed in the U.S. District Court in the Eastern District of Kentucky, the coalition of Attorneys General argue that:

- The Final Rule’s definitions of sex and sex discrimination align with Title IX's text and judicial interpretations.

- The Final Rule’s ban on gender identity discrimination against students fulfills Title IX's purpose.

- Sex-based harassment need not be both severe and pervasive to violate Title IX; ED’s policy has long used a “severe or pervasive” standard to prevent school-based sexual harassment.

The brief also argues that:

- The Final Rule does not violate the Spending Clause of the Constitution.

- It does not require states to create new programs but requires them to refrain from discriminating against students based on sex.

Implementation of this rule will benefit students nationwide by especially protecting transgender and gender nonconforming students who are among our schools' most vulnerable populations.

A return to 2020's regulatory efforts would impose significant costs on local governments when incidents of sexual harassment increase or go uncorrected.

Since 2020, New Jersey, California, and Pennsylvania have led litigation against efforts to weaken Title IX protections. Today's amicus brief was led by Attorney General Platkin along with California Attorney General Rob Bonta and Pennsylvania Attorney General Michelle Henry. They were joined by Attorneys General from Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York Oregon Rhode Island Vermont Washington as well as Washington D.C.

This matter is being handled by Assistant Section Chief Andrew Yang along with Deputy Attorneys General Amanda Morejón Giancarlo Piccinini Lauren Van Driesen under supervision from Section Chief Jessica Palmer Assistant Attorney General David Leit within Special Litigation Section Division Law Affirmative Civil Enforcement Practice Group

The Division on Civil Rights (DCR) enforces New Jersey Law Against Discrimination (LAD), Family Leave Act Fair Chance Housing Act preventing eliminating bias-based harassment employment housing public accommodation DCR developed fact sheets LAD protections based gender identity expression more information visit website

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