Amidst Conservative Attacks on Title IX’s Final Rule, Attorney General Bonta Leads 16 Attorneys General in Support of Increased Protections for All Students

OAKLAND — California Attorney General Rob Bonta, New Jersey Attorney General Mathew J. Platkin, and Pennsylvania Attorney General Michelle A. Henry today led a coalition of 16 attorneys general in filing a multistate amicus brief in support of the U.S. Department of Education’s 2024 Title IX Final Rule amidst several lawsuits filed by conservative states and groups seeking to undermine the rule’s enhanced protections. The final rule restores strong protections against sexual harassment and assault and reinforces critical protection for LGBTQ+ students. Today’s announcement comes shortly after the California Department of Justice’s motion to dismiss without prejudice its lawsuit against the Trump administration's Title IX Rule that severely weakened prohibitions against sex-based discrimination in light of the Biden administration’s issuance of the final rule. In today’s amicus brief, the multistate coalition stresses the importance of implementing the new rule nationwide to uphold and increase protections for all students and rectify the harms caused by the Trump administration’s rule.

“Title IX has been vital to providing safe and welcoming schools for all students since its enactment in 1972, and the Biden administration’s final rule enhances safeguards against discrimination — including sexual violence and harassment — for all students,” said Attorney General Bonta. “It’s alarming that Republican state attorneys general are attempting to roll back these key protections. While others seek to undermine the rights of students, particularly those of marginalized groups, today’s brief is a testament to our continued commitment to ensuring an equal education free from discrimination and harassment for students across the nation.”

Title IX of the Education Amendments of 1972 requires that students receive an educational environment free from discrimination based on sex, including sexual harassment and sexual violence. Following the Biden administration’s issuance of the final rule, several conservative attorneys general moved quickly to file lawsuits challenging the rule, seeking declaratory and injunctive relief to stop the rule from going into effect on August 1, 2024. Nevertheless, the common experience of today’s coalition states shows that protecting students from discrimination on the basis of sex dramatically improves economic, psychological, health, employment, and educational outcomes for these individuals, yielding broad benefits without imposing significant costs on schools or compromising student privacy or safety.

In today’s brief, the coalition defends the final rule against these challenges, arguing that:

• The rule’s definition of sex and sex discrimination is consistent with Title IX’s plain text and the U.S. Constitution, aligning with Supreme Court precedent and numerous judicial interpretations that discrimination based on gender identity is discrimination “on the basis of sex.”
• The rule’s definition of hostile environment sex-based harassment is appropriately defined as conduct that is so severe or pervasive that it limits or denies a student’s access to their education, properly effectuating the nondiscrimination mandate of Title IX.
• The rule does not violate the Spending Clause of the U.S. Constitution by clarifying that discrimination on the basis of sex includes discrimination on the basis of gender identity, as it simply requires educational institutions receiving federal funding to continue running programs and facilities in a nondiscriminatory manner while ensuring that transgender and gender-nonconforming students are not subjected to discrimination.

In filing the amicus brief, Attorney General Bonta is joined by the attorneys general of New Jersey, Pennsylvania, Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. 

A copy of the amicus brief is available here.