Texas v. U.S.

In May, Texas and 10 other states filed a lawsuit against the Federal Government challenging the U.S. Departments of Justice and Education’s joint guidance concerning the treatment of transgender students in school along with other guides, memos, and statements that state gender identity is encompassed in sex discrimination under Title IX of the Education Amendments, Title VII of the Civil Rights Act, and the Occupational Safety and Health Act (OSHA).

The American Civil Liberties Union and the ACLU of Texas filed an Amicus Brief with four other non-profit legal advocacy organizations in opposition to the State of Texas and other Plaintiffs’ Motion for Preliminary Injunction. In a press release, the five organizations wrote, “These state officials want to block implementation of guidance issued by the U.S. Departments of Education and Justice recognizing that schools must be safe, respectful and nurturing environments for all students and that singling out transgender students for separate and unequal treatment is demeaning and harmful to them.” The brief argues that the misguided attempts of the 11 states and officials to avoid transgender-affirming rulings in their circuits are inappropriate manipulative.