The Capitol building in Washington. UN expert welcomes US court ruling upholding gender protections in education Human Rights
Special Rapporteur on violence against women and girls Reem Alsalem welcomed a landmark decision by a U.S. federal district court that invalidated and struck down nationwide the U.S. Department of Education’s regulations implementing Title IX of the Education Amendments of 1972.
In its January 9 decision in Tennessee v. Cardona, the court held that the rules that define the scope of discrimination on the basis of sex under Title IX, including gender identity, exceed its statutory authority and violate constitutional protections.
“This is a turning point in protecting the rights of women and girls to non-discrimination on the basis of sex and a reaffirmation of the United States’ commitment to protecting this fundamental human right,” Alsalem said.
She noted that “when Title IX is considered in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of maleness or femaleness.”
Alsalem noted that Title IX, which was enacted to combat sex discrimination in federally funded education programs, has historically been a cornerstone for advancing gender equality in the U.S. education system.
In December 2024, the Special Rapporteur sent a communication to the United States Government expressing concern about the human rights implications of the then-proposed rule by the Department of Education to amend the on the application of Title IX of the 1972 Act.
“By preserving the original intent of Title IX, the Court has restored factual clarity and common sense to policymaking affecting women and girls, affirming their rights to access education in conditions of dignity, equality, and safety,” Alsalem said.
The Special Rapporteur called on the U.S. government to consider this decision carefully and reaffirm its commitment to protecting the rights of women and girls.