About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2023-2024 Title IX Alert 1 (2023-2024)

handle is hein.hackboth/ttlixa2023 and id is 1 raw text is: Spring 2023 TITLE IX ALERT Federal Appeals Court Affirms Ruling in Transgender Eligibility Case By Monyae Williamson-Gourley n December 16, 2022, the United States Court ofAppeals for the Sec- ond Circuit affirmed the ruling of a lower court to dismiss Soule v. Connecticut Association of Schools, Inc. 1 The lawsuit alleged that the defendants-appellees' Transgender Participation Policy-which permits high school athletes to participate in sports consistent with their affirmed gender rather than biologically assigned sex - violated Title IX of the Education Amendments Act of 1972 (Title IX).2 1 Soule v. Connecticut Association of Schools, Case No. 21-1365-cv (2d Cir. Dec. 16, 2022). 2 Title IX holds that no person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits or, or be subjected to discrimination under The court found no such violation in a unanimous 3-0 ruling. As of February 2, 2023, the case has not been appealed to the U.S. Supreme Court. SelinaSoule, ChelseaMitchell,Alanna Smith, andAshleyNicoletti, theplaintiffs- appellants and cisgender3 girls, were former high school track athletes who raced against transgender girls in events sanctioned by the Connecticut Interscho- any educational program or activity receiving Federal financial assistance - Title IX of the EducationAmendments of 1972, RL. 92-318, 20 U.S.C. % 1681. 3 The term cisgender refers to those whose gender assigned at birth has always coincided with their identity/expression - Beemyn, G., & Rankin, S. (2011). The lives of transgender people. New York, NY: Columbia University Press. See TRANSGENDER on Page 7 Drake Group Asks DOE to Warn Colleges About Providing Help to NIL Collectives That Primarily Benefit Male Athletes Navigating the Intersection of NIL and Title IX Dismissal of Cheerleader's Complaint Against a Texas High School Becomes a Reminder Not to Jump to Constitutional Conclusions Claims Against the University of Vermont and Athletic Director Allege Mishandling of Assault Cases Preliminary Injunction Granted in the Case of Title IX and Middle School Club Sports By Rachel S. Silverman his lawsuit involved female students who wanted to participate in the middle school club ice hockey team. The plaintiffs (Linnet Brooks, Aaron Brooks, Michael Lucy, Elizabeth Yoder, and Megan Abplanalp on behalf of their minor daughters) sought a declaratory judgment from the Court to resolve the alleged controversy about whether the State College Area School District (the District) was responsible for complying with and enforcingTitle IXin club sports programs. In the plaintiffs' opening brief, the plaintiffs stated that the District declared that it had no Title IX responsibility for club sports. However, in the opposition brief, the District stated that it is not attempting to evade its Title IX respon- sibility and that the District agreed that Title IX applied to both club sports and intramural sports. In the plaintiffs' reply brief, they acknowledged that both the defendants and the plaintiffs were now in agreement about Title IX applying to club sports. Since both parties were now in agree- ment about Title IX and club sports, the Court found declaratory judgment unnecessary. However, the remaining disagreement was whether the District's alleged conduct violated Title IX. The dispute is in the facts of the case and not in the initial questions regarding the District's Title IXresponsibilities in terms of club sports. The Court thus denied the plaintiffs' Motion for Declaratory Judgment, but expected the plaintiffs to move forward in legal action against the District for their actions denying the female students the opportunity to play club ice hockey. The Court thereafter granted the plain- tiffs' Motion for a Preliminary Injunction, stating that the District could not take See INJUNCTION Page 2