On August 11, 2016, the Women's Liberation Front ("WoLF") - an unincorporated association of radical feminists dedicated to the total liberation of women and fighting to end male violence, regain reproductive sovereignty for women, and preserve women-only spaces - filed this lawsuit in the U.S ...
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On August 11, 2016, the Women's Liberation Front ("WoLF") - an unincorporated association of radical feminists dedicated to the total liberation of women and fighting to end male violence, regain reproductive sovereignty for women, and preserve women-only spaces - filed this lawsuit in the U.S. District Court for the District of New Mexico. The plaintiff sued the Department of Justice, alleging that the Department's May 13 Guidance, which required schools to provide restrooms and locker rooms on the basis of sex, but allowed transgender students access to such facilities consistent with their gender identity, violated the Administrative Procedure Act, Title IX of the Educational Amendments of 1872, and the Fifth and Fourteenth Amendments of the US Constitution. Specifically, the plaintiff alleged that the May 13 Guidance violated the express terms of Title IX, which provides women with their own facilities, by expanding the definition of "sex" beyond its biological definition, and equating its definition with the definition of "gender identity."
On October 24, 2016, the DOJ filed a motion to dismiss for failure to state a claim. On October 31, 2016, WoLF filed a motion to stay, which was granted by Magistrate Judge William P. Lynch on November 2, 2016, pending the U.S. Supreme Court's decision in
Gloucester County School Board v. G.G., which was expected to address the proper interpretation of Title IX and its coverage of trans students. However, on January 20, 2017, Donald Trump became President of the United States. His administration refused to support the previous DOJ's efforts to protect trans students from discrimination. Therefore, before the Supreme Court could hear
Gloucester County School Board v G.G., the Department of Justice withdrew the May 13 Guidance.
With the defendant's withdrawal of the May 13 Guidance, the plaintiff no longer had a legal claim in this suit. So, on March 16, 2017, the plaintiff voluntarily dismissed its complaint. Because voluntary dismissals are without prejudice, the plaintiff can re-open this case if the Department of Justice were to reinstate the May 13 Guidance.
Saeeda Joseph-Charles - 12/15/2016
Mackenzie Walz - 03/20/2018
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