Alexandra Brodsky Commends Ninth Circuit Ruling on Protections for LGBTQ+ Youth Resulting

Alexandra Brodsky (’16), staff attorney at Public Justice, contributed an essay to The Advocate describing Title IX protections of LGBTQ+ youth recognized in a recent Ninth Circuit ruling (“The Ninth Circuit’s Monumental Ruling on LGBTQ+ Rights,” June 21). “The Ninth Circuit was crystal clear: because of Bostock, ‘discrimination on the basis of sexual orientation is a form of sex-based discrimination under Title IX.’ Although the opinion does not discuss the rights of transgender students, its reasoning establishes that Title IX prohibits anti-trans discrimination as well. The Ninth Circuit also explained that Bostock and Title IX protect students. ... who are harassed based on their ‘perceived sexual orientation, as opposed to actual sexual orientation.’ The court reasoned that whether a student is harassed because they are actually gay or because they appear to be gay, their harassers are motivated by sex stereotypes.”