While the Education Department is blocked from enforcing transgender discrimination under Title IX, individuals will still be able to bring complaints to federal courts.
It was not clear what impact rescinding the guidance could have on a case scheduled to go before the Supreme Court in March. Gavin Grimm, a transgender teenager in Virginia, is suing his school board over a policy that requires students to use facilities that match their “biological gender” — thereby banning him from the boys room. He had prevailed in lower courts. Now, one of the questions facing the high court is whether local school districts must give deference to the Education Department’s guidance on Title IX.
This report was updated with comment from Vanita Gupta.