The US Department of Education plans to soon release the final federal rules that are expected to amend Title Nine by changing the definition of “sex discrimination” to include “gender identity.” A separate set of rules is expected to pressure school districts to allow sports participation on the basis of “gender identity.” School boards may get pressured to update their policies to comply with these proposed regulations, but there’s no legal obligation to do so. In fact, doing so may create additional issues for the district.
Wisconsin Institute for Law and Liberty is closely monitoring this. Twenty state attorneys general have filed a lawsuit challenging this proposed guidance document that redefines sex to include gender identity. More lawsuits will likely be filed. Wisconsin school districts need to pay attention. Nothing legally compels them to comply.
