Education Department Continued Gender Identity Cases After Court Order, Documents Show

Documents released by the U.S. Office of Special Counsel show that the Department of Education continued to pursue Title IX complaints involving sexual orientation and gender identity in states covered by a federal court injunction. The Office of Special Counsel's June 9 letter stated that the department "fully substantiated" the whistleblower's claims that the Office for Civil Rights did not comply with the injunction.

The injunction, issued in July 2022 by the U.S. District Court for the Eastern District of Tennessee, barred the department from implementing three guidance documents that interpreted Title IX to cover sexual orientation and gender identity.

The injunction followed a lawsuit filed by a coalition of states challenging guidance documents issued after an executive order signed in January 2021. The Sixth Circuit affirmed the injunction in June 2024. An email from September 2022 directed staff that the department would continue to carry out its responsibilities under Title IX without relying on the blocked documents.

Investigators later concluded this approach did not constitute full compliance with the injunction.

The whistleblower, a chief attorney in a regional civil rights office, alleged that the department continued handling cases involving transgender students' access to restrooms and participation on female athletic teams. The department's initial December 2024 report denied any violation of the injunction.

After a supplemental investigation, the Office of Special Counsel found "significant shortcomings" in the department's response, including failure to assess available evidence and conduct relevant interviews. The matter is now closed at the Office of Special Counsel, which called for further accountability inside the Department of Education.