WILL Files Amicus Brief in Federal Court to Protect Girls at School

WILL urges the court to consider Jane Doe’s story as an example of why the Biden Administration’s radical changes to Title IX are unlawful and wrong-headed.   

The News: The Wisconsin Institute for Law & Liberty (WILL) has filed an Amicus Brief in a case currently before the Sixth Circuit Court of Appeals that challenges the new Title IX rule by the Biden-Harris Administration. We filed the brief on behalf of a high school girl who suffered an egregious privacy violation while in the girls’ locker room at her high school in Sun Prairie, Wisconsin. WILL’s brief urges the Court to invalidate the new rule and to consider the harm it will cause to girls like our client. 

The Quotes: WILL Education Counsel, Cory Brewer, stated, “The new Title IX rule threatens the privacy of girls nationwide, and it leaves them vulnerable to traumatic and unsafe events. For the sake of all students, particularly young girls, we need to restore Title IX to its intended function.” 

Additional Background:  Jane Doe is a high school girl who suffered unwelcome sexual conduct when a male student, claiming to be “trans,” showered fully undressed next to her and three other freshman girls in the girls’ locker room. Doe was never offered support or contacted by the school after this occurred. WILL previously filed a Title IX complaint with the Office of Civil Rights (OCR) within the U.S. Department of Education to hold the school district accountable and because students and parents should know that students’ rights will be respected. WILL has now filed an amicus brief on behalf of Jane Doe to advocate for the original intent of Title IX and to protect students across the country. 

Title IX was created to prevent this exact type of unwelcome conduct based on sex. The new rule fails to protect girls or give them the privacy originally promised by Congress. Title IX has always separated locker rooms based on biological sex, and the trauma Jane Doe faced is a stark reminder of why.  

WILL believes that the new Title IX rule contradicts the original intent of Title IX and misapplies Supreme Court precedent. The consequences of this rule lead to great concerns about the safety and privacy of female students in every school district while opening the door to further confusion or distortions of what Title IX stands for.  

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Cory Brewer

Cory Brewer

Education Counsel

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