Mercer Times

Attorney General Matthew J. Platkin announced that New Jersey, California, and Pennsylvania have filed a series of amicus briefs in federal courts this month to defend Title IX’s protections against sex-based discrimination and harassment in education. These briefs aim to support the U.S. Department of Education's "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," which explicitly protects transgender students from sex discrimination and harassment based on gender identity.

The states involved seek to reverse the previous administration’s 2020 Rule, which had reduced Title IX’s sexual harassment protections for all students. New Jersey co-led these amicus briefs, filed in Alabama, Kansas, Louisiana, Missouri, and Texas.

Certain states sued the U.S. Department of Education shortly after the release of the Final Rule to block its implementation and revert to the narrower 2020 standards. Attorney General Platkin emphasized that these narrower interpretations are not supported by law or longstanding policy.

Since 2020, New Jersey, California, and Pennsylvania have opposed efforts to weaken Title IX through litigation. They also submitted a comment letter supporting the U.S. Department of Education's reversal of the 2020 changes in 2022.

“We will keep fighting to protect gender-diverse students,” said Attorney General Platkin. “Fair and nondiscriminatory treatment leads to better outcomes for all students.”

Sundeep Iyer, Director of the Division on Civil Rights (DCR), added: “It is more important than ever that we continue our work to prevent sex-based discrimination.”

The amicus briefs argue that:

- The Final Rule extends protections to gender-diverse youth without compromising student privacy or safety.

- The definition of sex-based harassment aligns with Title IX’s text.

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

A return to 2020 regulations would impose significant costs on local and state governments due to increased incidents of sexual harassment.

All six amicus briefs were 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 D.C., among others.

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

DCR enforces laws preventing discrimination in employment housing public accommodation places open public like schools businesses hospitals etc . It enforces New Jersey Law Against Discrimination LAD , Family Leave Act Fair Chance Housing Act FCHA

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