Brian H. Callaway, left, and Justin G. Weber, right, of Pepper Hamilton.
Editor’s note: This is the second in a three-part series.
Private schools across the country continue to grapple with how to properly educate all students in light of still-developing issues regarding transgender rights, as well as continuing legal uncertainty about those rights. Part I of this article focused on Title IX of the Education Amendments Act of 1972, which remains a landmark federal law regarding education. Although private schools that do not receive federal funding are not subject to Title IX, other federal laws that prohibit discrimination based on “sex” may apply and can provide insight on evolving interpretations. In this Part II, we examine those other laws. Part III of the article will address the considerations schools should make when establishing, amending, or reviewing policies and best practices relevant to transgender students. Decisions under other federal statutes can be found on either side of the issue, but, if the arc of the law is bending, it bends toward the broader definition of “sex” and recognizing transgender rights.
