Recent state legislation is reshaping the rights of transgender students in education, creating legal conflicts between institutional policies and government mandates.
Several states have introduced laws restricting transgender students from using restrooms that align with their gender identity or participating in sports consistent with their identity. These measures have led to intense legal debates, with advocates arguing they infringe on students’ rights and violate federal protections under Title IX. Meanwhile, educational institutions face mounting pressure as they attempt to balance compliance with these laws and their commitments to inclusivity.
Joseph Lento, founder of Lento Law Firm, is handling cases involving student rights and university policies amid shifting state regulations. As states enact increasingly restrictive measures, his firm is analyzing the potential legal challenges and their impact on students.
The Growing Divide Between State and Federal Policies
Over the past year, multiple states have passed laws barring transgender students from using bathrooms or locker rooms corresponding to their gender identity. In Ohio, a recently enacted law now requires public and private schools to enforce restroom use based on sex assigned at birth, overriding any existing institutional policies. Supporters of these measures argue they are necessary for privacy and safety, while critics see them as a direct attack on transgender students’ rights.
At the federal level, the landscape looks starkly different. The Biden administration had previously reinforced Title IX protections for LGBTQ+ students, but an executive order issued in January 2025 by President Trump reversed this position, redefining gender for federal purposes as sex assigned at birth. This shift has led to a growing rift between state and federal authorities, leaving students, parents, and institutions uncertain about how to proceed. Schools that defy state laws risk legal penalties, while those that comply could face federal investigations or lawsuits from advocacy groups.
“Institutions are now caught in a legal bind, forced to choose between conflicting state and federal directives. To minimize legal risks, schools must carefully assess their policies, ensure they remain compliant with federal funding requirements, and prepare for potential litigation. Implementing proactive legal strategies—such as clear policies that balance inclusion with compliance—will be essential in navigating this uncertainty,” according to Lento.
Legal Challenges and Institutional Responses
Some universities have resisted these state mandates, arguing that they contradict Title IX, which prohibits sex-based discrimination in federally funded schools. Lawsuits are already underway, with civil rights groups challenging the constitutionality of these restrictions. The American Civil Liberties Union (ACLU) has filed multiple cases against states with strict transgender policies, arguing they violate students’ rights under the Equal Protection Clause.
On the other side, states defending these laws claim they are protecting the integrity of women’s sports and ensuring privacy in shared spaces. In response, several schools have sought middle-ground solutions, such as gender-neutral restrooms and accommodations for affected students. However, these efforts have not prevented backlash from both advocacy groups and legislators pushing for full compliance with state laws.
“The legal arguments hinge on whether state laws conflict with federal protections under Title IX and the Equal Protection Clause. Courts will likely examine whether these measures unlawfully discriminate against transgender students by restricting access to facilities and opportunities available to others. The outcomes of these cases will set significant precedents, either reinforcing federal protections or granting states more authority in regulating school policies,” says Lento
The Impact on Transgender Students
For students directly affected by these policies, the consequences extend beyond legal battles. Restrictive laws have led to reports of increased bullying, mental health struggles, and feelings of isolation among transgender youth. Many students now fear disciplinary action or forced removal from extracurricular activities if they do not comply with the new rules.
The lack of clear guidance from universities has compounded the issue, leaving transgender students unsure of what protections, if any, they have on their campuses. Some have opted to transfer to institutions in more inclusive states, while others have chosen to limit their public expression of identity to avoid conflict.
“The legal uncertainties translate into real-world harm for transgender students, who often face discrimination and emotional distress as a result. Students should be aware of their rights under federal law, and legal resources—including advocacy organizations and legal services—that can provide support. In the absence of clear institutional guidance, students must take a proactive approach in understanding their legal options and this almost always requires experienced, professional help from a student discipline defense attorney,” Lento states.
Future Legal Battles and the Path Forward
As courts weigh in on these restrictions, the long-term legal standing of transgender student rights remains uncertain. If federal courts rule that these state mandates violate Title IX, institutions may gain stronger grounds to resist compliance. However, if courts uphold states’ authority to regulate school policies, universities will be forced to either comply or face penalties.
“The next few years will be critical in determining how student rights evolve in the face of conflicting laws. Schools and students should anticipate continued legal battles, and institutions must prepare for potential shifts in policy depending on court rulings. Regardless of the outcomes, universities should prioritize transparent communication and legal preparedness to protect student rights while adhering to legal obligations. Students, particularly those at risk of discrimination or unfair treatment, should never go through these difficult and uncertain experiences without professional advocacy and support,” says Lento.
Regardless of the outcome, it is clear that this issue will shape education policy for years to come. Advocacy groups, lawmakers, and legal experts continue to push for clarity, but for now, transgender students and the institutions that serve them remain in a precarious legal position.
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