When people think of Title IX and its protections, the most immediate association they usually make is the incredible progress it helped create in women’s sports. While this progression is absolutely vital, it only captures a very small portion of what Title IX protects and what it can do.
The full spectrum of Title IX’s impact stretches far beyond women's sports, and it certainly stretches far beyond simply protecting cis-gendered women. Ultimately, under its prohibitions against sex discrimination, it also covers discrimination against gender and the spectrum of gender identities. So, what does this mean for trans students, and how does Title IX protect them?
Trans people of all ages exist and deserve protection. Though we may associate Title IX with high-school or university-level issues, schools from kindergarten through higher education must adhere to this law. Under Title IX, discrimination based on sex or gender in any educational program that receives federal funding is strictly forbidden.
Title IX's commitment to fairness in education means that it also opposes harassment stemming from non-conformance to traditional gender roles. If an educational program refuses to address gender identity-based harassment or is the cause of it, it is in direct violation of Title IX. For example, if a federally funded school were to force a trans male to wear a skirt as part of the school uniform, the facility could end up in serious legal trouble.
As mentioned, all federally funded education programs must adhere to Title IX. Beyond its ability to protect trans students of all ages, Title IX also ensures everyone has equal opportunities in the facility's programs and activities. This can include, but is not limited to, afterschool clubs, tutoring programs, athletics, and more. It also requires schools to offer the necessary accommodations that respect students’ gender identity, such as access to bathrooms and locker rooms that correspond to their gender identity.
Title IX emphasizes the importance of keeping transgender students' identities confidential and private. Schools must ensure a student's gender identity and related personal information are handled carefully.
Schools cannot disclose a transgender student’s personal information without their consent. This means that the employees who are there to protect the student (such as a counselor or teacher) are informed of the student’s gender identity and are there to protect them. This also mitigates the risk of potentially disclosing any sensitive information to the student body and staff.
Title IX has emerged as a crucial measure in protecting trans students, ensuring they receive a fair and equal education without fear of discrimination or harassment. Ultimately, Title IX not only safeguards the rights of trans students but also empowers them to pursue their academic and personal aspirations in a supportive and respectful setting.
At the Law Firm of Tamara N Holder, our Title IX lawyers are dedicated to upholding this law so that all students, no matter who they are or how they identify, have the foundation to succeed. Our team is committed to advocating for the rights of trans students and holding educational institutions accountable for upholding the principles of Title IX.
