In a joint letter issued February 22, 2017, the Departments of Education (ED) and Justice (DOJ) withdrew prior Title IX guidance from the Obama administration that required schools receiving federal funding to allow students to use sex-segregated facilities according to their gender identity, as opposed to their anatomical birth sex.
As we have extensively covered on our Higher Education and K-12 blogs, challenges to this guidance percolated through the courts. Most notably, the Supreme Court is scheduled to hear arguments on March 28, 2017, in Gloucester County School Board v. G.G., the case involving the Virginia school district’s policy and OCR’s response. Meanwhile, a federal District Court in Texas issued a nationwide injunction prohibiting enforcement of the Dear Colleague Letter, a stay that remains in place.