Mercer Times

Attorney General Matthew J. Platkin announced that New Jersey, California, and Pennsylvania co-led two amicus briefs on behalf of a multistate coalition in federal appellate courts to defend Title IX’s protections for all students, including LGBTQ+ students, from gender-based harassment and sex discrimination. The effort seeks to reverse a preliminary injunction that could affect certain schools in their states.

Attorney General Platkin, the Division on Civil Rights (DCR), and their state partners aim to protect students' rights nationwide from federal court challenges to the U.S. Department of Education's Final Rule on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. This rule explicitly protects LGBTQ+ students from sex discrimination and harassment based on sexual orientation or gender identity, reversing the previous administration’s 2020 rule that had reduced Title IX’s sexual harassment protections.

The briefs were filed in Louisiana v. U.S. Department of Education in the U.S. Court of Appeals for the Fifth Circuit and Kansas v. U.S. Department of Education in the U.S. Court of Appeals for the Tenth Circuit.

Louisiana and Kansas have sued the U.S. Department of Education to block implementation of the Final Rule and revert to 2020 standards, arguing against explicit protections for transgender students included in the new rule.

“In a free and fair country, all students should be protected from discrimination based on sexual orientation and gender identity,” said Attorney General Platkin. “All students deserve and are entitled to protection from harassment and harm in school.”

“Together with our counterparts in other states, we are committed to protecting the rights of LGBTQ+ students,” said Sundeep Iyer, Director of the Division on Civil Rights.

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.

In addition, one brief argues that a broad preliminary injunction issued by a district court judge is improper as it potentially impacts certain schools within amici states.

New Jersey’s Law Against Discrimination (LAD) already protects students from discriminatory policies or practices based on various characteristics including race, gender, sexual orientation, gender identity, or expression.

“As another school year begins,” said Attorney General Platkin, “New Jersey families should know that they will always have my office's protection when it comes to safeguarding their rights.”

Since 2020, New Jersey has led litigation against efforts by other states to weaken Title IX protections. Both amicus briefs were led by Attorneys General Matthew J. Platkin (NJ), Rob Bonta (CA), Michelle Henry (PA), joined by counterparts from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland Massachusetts Michigan Minnesota Nevada New York Oregon Rhode Island Vermont Washington Wisconsin (Kansas brief only), and Washington D.C.

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

The Division on Civil Rights is responsible for preventing discrimination and bias-based harassment across various sectors including employment housing public accommodations enforcing laws such as NJ Law Against Discrimination Family Leave Act Fair Chance Housing Act

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