Chicago – Attorney General Kwame Raoul, as part of a coalition of 16 attorneys general, filed an amicus brief today defending Title IX, the landmark law prohibiting sex-based discrimination in education, from a federal court challenge that threatens students' rights nationwide.
“All students should be protected from harassment and discrimination in the classroom,” Raoul stated. “Efforts to limit Title IX are shortsighted and discriminatory and would have a negative effect on the well-being of youth. I will continue to stand with my fellow attorneys general to protect students in Illinois and around the country by defending Title IX.”
In their amicus brief filed in the U.S. District Court for the Eastern District of Kentucky, Raoul and the coalition support the U.S. Department of Education’s recently issued Final Rule against a lawsuit seeking to block its implementation and revert to insufficient 2020 standards that did not include protections for transgender students.
Raoul and the coalition argue:
The Final Rule’s definitions of sex and sex discrimination align with both the text and judicial interpretations of Title IX. The Final Rule’s ban on gender identity discrimination against students fulfills Title IX's purpose. Additionally, sex-based harassment need not be both severe and pervasive to violate Title IX, contrary to plaintiffs' arguments. The department's policy has long used a “severe or pervasive” standard to prevent school-based sexual harassment and ensure equal access to education.
The Final Rule does not violate the Spending Clause of the Constitution. It does not require states to create new programs but merely requires them to refrain from discriminating against students based on sex and address any found discrimination in return for accepting Title IX funding.
Implementation of the Final Rule will benefit students nationwide. The previous rule made all gender identities and expressions less safe, while clarity in the new rule will particularly protect transgender and gender nonconforming students, who are among our schools' most vulnerable populations.
Raoul and the coalition also highlight that narrowing Title IX would impose significant costs on local and state governments when increased or uncorrected incidents of sexual harassment occur. These costs include financial burdens, health service expenses, increased absenteeism, lost revenue from dropouts, unemployment, and societal costs.
Joining Raoul in filing today’s amicus brief are the attorneys general of California, Colorado, Delaware, the District of Columbia, Hawaii, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.