As a second Trump administration approaches, we’re running out of time to confirm as many federal judges as possible to provide a check on his presidential power and curb his stated policy priorities.
There are 40 federal judicial vacancies and 16 nominations before the Senate right now—as our civil rights hang in the balance, take action now!
UPDATE: On November 15, 2024, NWLC moved for leave to file an amicus brief making arguments it would have made as intervenor. We argued that the plaintiffs generally lack standing to sue. We also explained that the plaintiffs profoundly misunderstand the law. As we explained, although some federal circuit courts have disagreed about whether Title IX and the Fourteenth Amendment require that transgender women be allowed to participate on women’s teams and use women’s locker room facilities, no circuit has ever held—as plaintiffs claim—that Title IX and the Fourteenth Amendment prohibit transgender women from doing so. For that reason, plaintiffs’ claims are meritless and should be dismissed.
UPDATE: On November 1, 2024, the district court denied NWLC’s motion to intervene based on its conclusion that NCAA would adequately defend its policies and that allowing NWLC to intervene would delay the case. The court said that it was expressing no opinion as to the validity of the issues NWLC raised, and that NWLC could move to participate as amicus curiae.
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On May 6th, 2024 NWLC sought intervention in a lawsuit, Gaines et al. v. NCAA et al, and is represented by the American Civil Liberties Union (ACLU), ACLU of Georgia, and Cooley LLP, seeking to protect the rights of transgender women to play NCAA college sports with their peers.
Our arguments in the lawsuit are in opposition to anti trans extremists who are trying to force a blanket ban that will exclude all trans women from college sports governed by the NCAA, regardless of where they’re from, what sport they play, and how much their college and teammates may want to welcome these athletes on the team. These extremists also seek to ban trans women from using restrooms and locker rooms that align with their gender identity. NWLC asks that the district court dismiss their case against the NCAA.
The anti trans extremists who brought this lawsuit seek to impose extreme nationwide bans and policies that range from excluding trans women from sports teams, to completely erasing their recorded existence as athletes. They wrongly claim that such relief is needed to protect the rights of cisgender women. Unfortunately, these extremists have already succeeded in intimidating the NCAA to sharply narrow its previously long-term policy supporting trans women athletes who were receiving gender-affirming healthcare.
Title IX cannot be used to justify exclusion of a vulnerable group of students from educational opportunities just because of how they look, how they play, or who they are. NWLC firmly supports inclusion of women and girls who are transgender in all aspects of school, including sports, as a matter of both civil rights law and of human rights.
We are proud to be entering this important legal battle to ensure extremists cannot misuse Title IX as a weapon to enforce bullying and exclusion of students who want—and deserve—to play college sports with their peers.
Our Filings:
November 15, 2024: Amicus Brief
May 6th, 2024: Motion to Intervene as Defendant
May 6th, 2024: Memorandum of Law in Support of Motion to Intervene
May 6th, 2024: Declaration of Emily Martin
May 6th, 2024: Motion to Dismiss
