Episode 98 Gender Identity, Title IX, and Equal Protection: Status of Federal and California Law and Pending Litigation

In this episode, host Sloan Simmons joins Title IX experts Sarah Fama and Sinead McDonough for a comprehensive discussion regarding the status of the law as it pertains to gender identity, students, and schools.  Topics covered include the current status of California and federal law and policy on point, as well as the wide-ranging scope of pending litigation poised to impact this area of school law.

Show Notes & References

1:54 – Foundational cases impacting Title IX policy (Bostock v. Clayton County (2020) 140 S. Ct. 1731) (Client News Brief 50 – June 2020)

2:55 – Grabowski v. Arizona Board of Regents (9th Cir. 2023) 69 F.4th 1110

5:51 – Parents for Privacy vs. Barr (9th Cir. 2020) 949 F.3d 1210 (Client News Brief 40 – May 2020)

10:48 – Roe vs. Critchfield (9th Cir. 2025) 137 F.4th 912 (Client News Brief 14 – April 2025)

12:49 – Jones, et al. v. Critchfield, et al., Ninth Circuit Case No. 25-5413

13:44 – Regino vs. Blake (formerly Staley) (9th Cir. 2025) (Client News Brief 17 – April 2025)

14:57 – Assembly Bill (AB) 1266

20:00 – United States v. Skrmetti (2025) 605 U.S. 495

22:24 – The law in California

23:25 – CIF (California Interscholastic Federation) Rule 300D and Guidelines for Gender Identity Participation