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Student Project: Title IX and Transgender Students: Secondary Sources

This guide covers how Title IX relates to and protects transgender students.

Law Review Articles

Analysis and Application of Title IX

To recover compensatory damages, the plaintiff must demonstrate that the discrimination was "willful, deliberate, or intentional." Further, injunctive relief is often sought to either balance out discriminatory practices or to cease the practices entirely. Plaintiffs can also seek attorneys or expert fees after litigation. 

Title IX prevents discrimination of sex, which under the Obama Administration included discrimination against transgender students. However, the Trump Administration has stated that they "decided to withdraw and rescind the above-referenced [Obama-era] guidance documents." The real issue is that without these directives, and without a clear line of what policies should be followed, there is no clear route for where Title IX application to transgender students will go in the coming years. 

Transgender students have been kicked out of class, expelled from schools, been referred to as the improper pronouns, dress coded and forced to use restrooms that do not align with their gender identity. Title IX may not cover these issues in plain language, but it has been applied through both case law and previous guidance from the Department of Justice and the Department of Education. However, considering the current administration has rescinded such guidance and has left the debate unresolved. Some states have passed laws that enact the protections from the 2014 guidelines, but there is no federal guidance on these matters currently.