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 in the Northern District of Alabama. The brief supports the U.S. Department of Education’s 2024 Title IX Final Rule amidst several lawsuits filed by Republican state attorneys general and groups seeking to undermine the rule’s enhanced protections. The final rule restores strong protections against sexual harassment and assault and reinforces critical protections for LGBTQ+ students.

The announcement follows the California Department of Justice's motion to dismiss without prejudice its lawsuit against the Trump administration's Title IX Rule, which had weakened prohibitions against sex-based discrimination, in light of the Biden administration’s issuance of the final rule. The multistate coalition stresses the importance of implementing the new rule nationwide to ensure schools operate free from sex discrimination.

“Conservative attacks on policies that protect students across the nation will not stand. I will continue to use all of my resources to fight for these important protections for all students,” said Attorney General Bonta. “Today’s amicus brief shows our continued commitment to ensure an equal education free from discrimination. These protections provide safety and security for all students. We stand behind the Biden administration’s final Title XI rule, which enhances safeguards against discrimination for all students.”

Title IX of the Education Amendments of 1972 mandates that students receive an educational environment free from discrimination based on sex, including sexual harassment and violence. Following the Biden administration’s issuance of the final rule, several conservative attorneys general quickly filed lawsuits challenging it, seeking declaratory and injunctive relief to stop it from going into effect on August 1, 2024.

The coalition states argue that protecting students from sex-based discrimination dramatically improves economic, psychological, health, employment, and educational outcomes without imposing significant costs on schools or compromising student privacy or safety.

In their brief, they defend the final rule by arguing:

- The grievance procedures do not violate the Administrative Procedure Act and reflect thoughtful consideration of comments while restoring schools' discretion to tailor their grievance procedures with procedural safeguards.

- The definition of sexual harassment includes both severe and pervasive forms essential for ensuring student safety and belonging.

- Positive health outcomes are fostered for transgender and LGBTQ+ students when they are safe and supported in school environments.

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.