Title IX’s Substantive Equity Mandate for Transgender Persons in American Law Schools: A Call for Disaggregated SOGI Data
Introduction
Abstract
Federal agencies, states, and municipalities have collected disaggregated SOGI (sexual orientation and gender identity) data for several years. Yet, the legal academy makes little effort to quantify the LGBTQI(A) presence at law schools. The lack of information about these marginalized populations invites Title IX complaints and litigation. Given Title IX’s substantive equity mandate, which protects transgender persons, SOGI data must be collected and disaggregated so that law schools can develop efficient policies to help transgender students and faculty realize formal equality and substantive equity and also prepare cisgender and heterosexual students for diverse client pools.
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