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1 1 (April 25, 2023)

handle is hein.crs/goveljp0001 and id is 1 raw text is: s\Congressional ______ Research Service Transgender Students and School Bathroom Policies: Title IX Challenges Divide Appellate Courts April 25, 2023 In the past several years, federal courts have disagreed about whether school policies that prohibit transgender students from using the school bathroom consistent with their gender identity violate Title IX of the Education Amendments of 1972 (Title IX). Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. Transgender students and their parents have challenged school board policies that prohibit students from accessing the bathrooms consistent with their gender identities, arguing that such treatment is illegal sex discrimination. The Courts of Appeals for the Fourth Circuit and Seventh Circuit have ruled that school policies prohibiting bathroom access consistent with a transgender student's gender identity can violate Title IX. The full Eleventh Circuit (sitting en banc) rejected a Title IX challenge to such a policy. (A similar division exists with respect to whether such policies violate the Constitution's Equal Protection Clause; another Legal Sidebar addresses that question.) Other students and parents have brought lawsuits alleging Title IX violations against school policies that permit transgender students to access the bathrooms consistent with their gender identities. The Third and Ninth Circuits have ruled against these claims. Aside from the text of the statute and implementing regulations, at least two legal considerations have featured prominently in decisions interpreting Title IX in this context. First, in determining whether sex discrimination under Title IX includes discrimination based on gender identity, courts have looked to Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964, which bans sex discrimination (among other things) in employment. Second, because Title IX is generally understood to rest on Congress's authority to legislate under the Constitution's Spending Clause, courts require that recipients have notice of any obligations that flow from accepting federal funds. This Legal Sidebar begins with a summary of Title IX's statutory and regulatory treatment of sex- segregated facilities, a brief picture of relevant Supreme Court decisions interpreting Title VII, and an overview of relevant aspects of legislation passed pursuant to Congress's power under the Spending Clause. The Sidebar then examines how federal appellate courts have treated Title IX claims brought against schools regarding bathroom policies that either permit or prohibit transgender students' use of facilities aligning with their gender identities. Congressional Research Service https://crsreports.congress.gov LSB10953 CRS Legal Sidebar Prepared for Members and Committees of Congress

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