Two Virginia school districts challenging the Trump administration's enforcement of Title IX have won another opportunity to make their case, courtesy of the 4th Circuit Court of Appeals (which has been quite busy of late).
In a 2–1 ruling Thursday, the appellate court vacated the dismissal of lawsuits brought by Fairfax County and Arlington public schools over the Department of Education's determination that their policies allowing transgender students to use bathrooms and locker rooms corresponding to their gender identity violate Title IX.
After the districts refused to change their policies, the Department designated them as high-risk recipients of federal grants, requiring them to pay expenses upfront and seek reimbursement rather than receiving federal funds in advance.
District Judge Rossie Alston dismissed the lawsuits, concluding that they were essentially disputes over federal grant payments that belonged in the Court of Federal Claims.
But Judge Allison Rushing (Trump), joined by Chief Judge Albert Diaz (Obama), disagreed. The majority found that the districts weren't simply seeking money under their grant agreements — they were also challenging the Department's interpretation and enforcement of Title IX itself. The majority concluded that at least some of those claims aren't contractual, and the district court erred in dismissing both lawsuits in their entirety.
Judge Julius Richardson (Trump) dissented, arguing that the districts' claims ultimately boil down to an effort to restore their previous grant-payment arrangements.
Of note: The 4th Circuit did not decide whether the districts' bathroom policies comply with Title IX, nor did it order the administration to change the funding restrictions. The cases now return to the district court for further proceedings.