Golden State Today

California Attorney General Rob Bonta, New Jersey Attorney General Mathew J. Platkin, and Pennsylvania Attorney General Michelle A. Henry led a coalition of 16 attorneys general in filing a multistate amicus brief supporting the U.S. Department of Education’s 2024 Title IX Final Rule amidst lawsuits from conservative states and groups seeking to undermine the rule’s enhanced protections. The final rule aims to restore strong protections against sexual harassment and assault while reinforcing critical protection for LGBTQ+ students.

This announcement follows the California Department of Justice’s motion to dismiss its lawsuit against the Trump administration's Title IX Rule, which had weakened prohibitions against sex-based discrimination. The Biden administration’s final rule prompted this dismissal.

“Title IX has been vital to providing safe and welcoming schools for all students since its enactment in 1972, and the Biden administration’s final rule enhances safeguards against discrimination — including sexual violence and harassment — for all students,” said Attorney General Bonta. “It’s alarming that Republican state attorneys general are attempting to roll back these key protections. While others seek to undermine the rights of students, particularly those of marginalized groups, today’s brief is a testament to our continued commitment to ensuring an equal education free from discrimination and harassment for students across the nation.”

Title IX mandates an educational environment free from sex-based discrimination, including sexual harassment and violence. After the Biden administration issued the final rule, several conservative attorneys general filed lawsuits challenging it, seeking declaratory and injunctive relief to prevent its implementation on August 1, 2024. The coalition states argue that protecting students from sex-based discrimination improves various outcomes without imposing significant costs or compromising student privacy or safety.

The coalition defends the final rule by asserting:

- The rule’s definition of sex and sex discrimination aligns with Title IX's text and Supreme Court precedent.

- The definition of hostile environment sex-based harassment is appropriate as conduct that limits or denies access to education.

- The rule does not violate the Spending Clause by clarifying that sex discrimination includes gender identity discrimination.

Joining Attorney General Bonta in filing the amicus brief are attorneys general from New Jersey, Pennsylvania, Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the amicus brief is available here.

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