CHALLENGING DENIAL OF PREGNANCY RIGHTS FOR STUDENTS IN THE FEDERAL COURTS
BHB filed a series of amicus briefs in the Fifth, Sixth, and Tenth Circuits on behalf of a coalition of organizations that support pregnant and parenting students: Justice + Joy National Collaborative, Mommies in the D, Generation Hope, the U.S. Breastfeeding Committee, and the National Nurse-Led Care Consortium.
Under Title IX, the Department of Education issued a rule strengthening the rights of pregnant and parenting students by ensuring that they receive basic accommodations in schools so that they can continue to pursue their educations. These accommodations include larger desks, excused absences for prenatal care, lactation spaces for breastfeeding, protections against eviction, and exclusion from classes postpartum.
Several states have challenged the rule providing these basic accommodations because a separate part of the rule prohibits gender identity discrimination as a form of “sex discrimination” under Title IX. These challenges have sparked appeals in several circuits, as well as the Supreme Court’s shadow docket.
“We intend to continue to fight against the misuse of the legal process in the jurisdictions where these challenges are being made against pregnant and parenting students.”
Partner Organizations: Public Justice, All Rise Trial & Appellate, Justice + Joy National Collaborative, Mommies in the D, Generation Hope, U.S. Breastfeeding Committee, and National Nurse-Led Care Consortium
Important Documents:
Fifth Circuit Amicus Brief – State of Louisiana, et al. v. U.S. Department of Education, et al.
Sixth Circuit Amicus Brief - State of Tennessee, et al., v. Miguel Cardona, et al.
Tenth Circuit Amicus Brief - State of Kansas, et al. v. U.S. Department of Education, et al.