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This year, 32 schools in 19 Massachusetts districts are bracing for a return to political and cultural battles after a federal judge included them in his order to halt new protections for transgender students. Over the summer, Moms for Liberty, a conservative activist group, spearheaded a federal lawsuit in Kansas to block these protections in all schools where it has members — more than 2,000 schools nationwide.
What is Title IX?
Title IX is a federal civil rights law passed in 1972. Here are the basics:
- Title IX prohibits discrimination on the basis of sex in education programs and activities.
- All public and private schools, districts, colleges, and universities receiving any federal funds must comply with Title IX.
- Title IX defines discrimination on the basis of sex as including sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
- The Biden administration has expanded Title IX protections to include “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”
- It’s called Title IX because it’s the ninth section of a larger federal education law.
Source: U.S. Department of Education
On the South Coast, the high schools in Old Rochester Regional and Taunton are part of the judge’s order. Elsewhere in Massachusetts, the order applies to elementary and high schools from Boston to Billerica and Medford to Longmeadow. Moms for Liberty and other plaintiffs oppose federal Title IX expansion in these schools, claiming that any protections for transgender students will essentially unravel protections for women — the original purpose of the 1972 federal law.
But in Massachusetts, state law already offers the same protections for transgender students that Moms for Liberty is challenging at the federal level. So Massachusetts schools will still be able to uphold their current policies, legal experts say. Still, legal challenges could be on the horizon.
The new protections that Moms for Liberty opposes clarify that discrimination on the basis of sex “includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”
Patrick Francomano, the general counsel for the Massachusetts Association of School Committees (MASC), has had a busy summer following these decisions, advising school boards around the commonwealth. Francomano said that schools may not have to change their day-to-day policies or operations, but said “it’s just a matter of time” before a new wave of challenges and lawsuits arrive in Massachusetts after this decision.
“The regulations for Title IX — whether or not they’re valid — do not change what’s prohibited under Massachusetts law.” In Massachusetts, it’s already illegal to discriminate based on gender identity or sexual orientation.
“For those parents that are concerned about protections for their students: those rights are still protected under state statute,” Francomano said.
But challenges to Title IX could create a gap between the protections of state and federal law. Francomano said that even though the decision won’t alter state or local law, “Somebody could turn around and say, ‘by enforcing the [local or state] rule, you’re impeding on my child’s constitutional rights,’” Francomano said.
And although 19 Massachusetts districts were listed in the lawsuit, those schools may have just been given a head start in preparing for legal challenges. Soon, all Massachusetts schools could be vulnerable, Francomano said.
The same U.S. District Court judge in Kansas wrote a follow-up decision that made it clear that the new Title IX protections could be halted anywhere, not just in the 2,000 originally-listed schools. In a July order, Judge John W. Broomes, a Trump appointee, wrote that any school where Moms For Liberty has a member in the future will also be subject to his ruling, which was not “limited to individuals who were members of a Plaintiff Organization on a certain date,” his updated decision read.
Francomano interpreted: whenever a Moms for Liberty member moves or recruits a new member, another school could find itself in a legal bind.
Francomano said he believes the case will eventually end up before the U.S. Supreme Court.
South Coast schools react
The superintendent in Old Rochester Regional (ORR), Mike Nelson, issued a statement to The Light that indicated the district was not cowed by the Moms For Liberty lawsuit or the judge’s decision.
“This [ruling] does not preclude the school District from updating and enforcing the new Title IX regulation, in addition to Massachusetts which has broader protections, which the District is in the process of doing,” Nelson said.
Francomano, the MASC attorney, explained the legal basis behind Nelson’s statements: “If a school decides to say we don’t want discrimination based on gender identification, the judge’s decision indicates that schools can still do that. But [the school] can’t do that under the auspices of the federal prohibition.”
“It’s hard to wrap your head around,” Francomano added.
Basically, a key line of the judge’s decision — “nothing in this order limits the ability of any school to adopt or follow its own policies” — clarifies that schools can write and enforce their own rules. The judge’s decision only prohibits the federal government from writing and enforcing policies.
Rochester School Committee member Anne Fernandes said this year that she had joined Moms for Liberty and encouraged others to sign up. She did not respond to multiple requests for comment for this story.
In the Tri-Town area of Mattapoisett, Marion, and Rochester, having the high school named in the lawsuit — and having any connection to Moms For Liberty — comes as a headache and disappointment to some, even as the district intends to maintain its protections for transgender students.
Nicole Demakis, an attorney and member of the Mattapoisett Democrats, said, “I’m confident it won’t have an impact locally, but it’s embarrassing. It’s another black mark on the ORR district adding to all the other black eyes in the past few years.”
In Taunton, a spokesperson said the district was monitoring, but was not involved with, current litigation. “Taunton Public Schools takes pride in being supportive and inclusive of all students,” read a district statement. “Taunton has always and will continue to follow and adhere to federal and state laws and guidance regarding Title IX implementation.”
The lawsuit has not come up before the Taunton School Committee, said Gregory DeMelo, the committee’s chairman. But he affirmed that Taunton was committed to protecting all students from discrimination.
“We educate our students no matter how they identify,” DeMelo said. “That’s what we do.”
Email Colin Hogan at chogan@newbedfordlight.org
Editor's Note: This story was updated on Wednesday, Sept. 18, 2024, to clarify that Anne Fernandes did not respond to requests for comment.
There are many people who are not in agreement with the title IX changes who are not affiliated with moms of liberty or any other right wing organizations. Many, like me, are lifelong Democrats who support most progressive policies, including athletes like tennis great Martina Navratilova. These changes adversely affect women and girls sports at every level. We believe that it undermines the entire reason for title IX when males are allowed to self ID onto female teams and into female spaces. This is not adversely affect male sports or spaces. Women deserve better.
Why are sports segregated by sex?
Should sports be segregated by race?
Is this a real question? If you don’t realize the fundamental biological differences between biological males and biological females you can’t really be taken seriously.
Seriously, sport is based on performance not on reproductive functionality.
If you don’t realize the fundamental biological differences between Whites and Blacks you can’t really be taken seriously.
See basketball and football.
Are the Moms For Liberty in Massachusetts? And do they call for a banned drag queen story hours?
There are chapters in Massachusetts, although it began in Florida. They are against all gay, transgender, or drag queen interactions with children. Moms is a SPLC designated hate group.
Perhaps the question is why are sports players segregated at all, perhaps the writer is simply asking why, unlike the real world do we not simply play games and pick teams on the basis of skill? Just a thought, after all lawyers and not male teams or plumbers female, interesting thought. Hummm
That’s fantastic! Glad to hear they stand with most parents and against grooming and indoctrination of children.
Yes and yes.
Drag queens are turning our kids into fags.
A genetic male (XY) is not a genetic female (XX), no matter what gender identity an individual decides to embrace on any given day.
Title IX becomes irrelevant when genetics is subverted by an arbitrary and easily changed “self identification”process that serves no rational purpose.
A genetic male (XY) is not a genetic female (XX) and vice versa.
Arbitrary “self identification” will not change that fact.
When it comes to sport what is the difference?
I’m resisting with all my strength the urge to comment negatively in response to the mindlessly parroted conservative talking points and clear bait in this comment section. Instead I want to say, if you are trans, especially a young trans person coming up during these painful times of meaningless moral panics, I promise there is more good in the world than you know.
The hateful and the fearful like to talk loud and say nothing, but the history of queer and trans resilience speaks for itself. We have always been here, we will always be here, and there is always still time. I love you.
In most things most people do not care what trans people do around here. But biological men playing women’s sports absolutely has a biological component to it, and you using flowery language doesn’t change it. It’s not a ‘conservative talking point’ it’s common sense.
RR, you are correct.
This article addresses TitleIX.
Most comments address Title IX and the specifics of biology (XY) or (XX) in sports and not a broad spectrum of “talking points”.
Individual agendas do not serve a focused discussion such as this one. The unintended consequence of physical injury is real and has occurred as a result of these policies.
Physical injury occurs due to mismatched physical abilities.
Not by birth sex.
Nonsense, sport is based on ability, not crotch configuration.
It is Conservative control, not common sense.
Trump Pence 2024
Some people are really just terrified of another Americans right to self express and self identify. Parading this nonsense around and pretending you’re trying to protect children while being openly bigoted is maybe the most pathetic thing a person can do. Absolutely none of you care about any of the issues presented here. Your conservative megachurch bubble has to coexist with other types of people and it scares you.
Totally agree. The bigots trying to take away women’s and girl’s sports and forcing them to undress in front of males are disgusting.