Filed Date: Aug. 11, 2016
Closed Date: March 16, 2017
Clearinghouse coding complete
On August 11, 2016, the Women's Liberation Front ("WoLF") - an unincorporated association of radical feminists dedicated to the total liberation of women and fighting to end male violence, regain reproductive sovereignty for women, and preserve women-only spaces - filed this lawsuit in the U.S. District Court for the District of New Mexico. The plaintiff sued the Department of Justice, alleging that the Department's May 13 Guidance, which required schools to provide restrooms and locker rooms on the basis of sex, but allowed transgender students access to such facilities consistent with their gender identity, violated the Administrative Procedure Act, Title IX of the Educational Amendments of 1872, and the Fifth and Fourteenth Amendments of the US Constitution. Specifically, the plaintiff alleged that the May 13 Guidance violated the express terms of Title IX, which provides women with their own facilities, by expanding the definition of "sex" beyond its biological definition, and equating its definition with the definition of "gender identity."
On October 24, 2016, the DOJ filed a motion to dismiss for failure to state a claim. On October 31, 2016, WoLF filed a motion to stay, which was granted by Magistrate Judge William P. Lynch on November 2, 2016, pending the U.S. Supreme Court's decision in Gloucester County School Board v. G.G., which was expected to address the proper interpretation of Title IX and its coverage of trans students. However, on January 20, 2017, Donald Trump became President of the United States. His administration refused to support the previous DOJ's efforts to protect trans students from discrimination. Therefore, before the Supreme Court could hear Gloucester County School Board v G.G., the Department of Justice withdrew the May 13 Guidance.
With the defendant's withdrawal of the May 13 Guidance, the plaintiff no longer had a legal claim in this suit. So, on March 16, 2017, the plaintiff voluntarily dismissed its complaint. Because voluntary dismissals are without prejudice, the plaintiff can file another case case if the Department of Justice were to reinstate the May 13 Guidance.
Summary Authors
Saeeda Joseph-Charles (12/15/2016)
Mackenzie Walz (3/20/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4313609/parties/womens-liberation-front-v-united-states-department-of-justice/
Amdur, Spencer E. (New Mexico)
Andersen, Jane Elizabeth (New Mexico)
Armstrong, Katherine Tenfelde (New Mexico)
Ashley, Anjali A. (New Mexico)
Atchison, Daryl A. (New Mexico)
Amdur, Spencer E. (New Mexico)
Andersen, Jane Elizabeth (New Mexico)
Armstrong, Katherine Tenfelde (New Mexico)
Ashley, Anjali A. (New Mexico)
Atchison, Daryl A. (New Mexico)
Attorney, OIL-DCS Trial (New Mexico)
Balakrishna, Annapurna (New Mexico)
Bennett, Jared C. (New Mexico)
Berns, Matthew J. (New Mexico)
Berwick, Benjamin Leon (District of Columbia)
Bettwy, Samuel William (New Mexico)
BICKERS, KATHLEEN LOUISE (New Mexico)
Bickford, James O. (New Mexico)
Bingham, Lauren Crowell (New Mexico)
Blumenfield, Chad A (New Mexico)
Brouillard, Robert P. (New Mexico)
Byars, Michael J. (New Mexico)
Cargo, Shane Patrick (New Mexico)
Crowder, Kenneth D. (New Mexico)
Crowley, Megan Anne (New Mexico)
Davila, Yamileth G (New Mexico)
Donato, Christopher R. (New Mexico)
Education, United States (New Mexico)
Fishman, Dillon A. (New Mexico)
Gonzalez, Gregory (New Mexico)
Halainen, Daniel Jon (New Mexico)
Hansen, Jeffrey Michael (New Mexico)
Harwood, Ann Elizabeth (New Mexico)
Hemesath, Audrey Benison (New Mexico)
Ikari, Carolyn Aiko (New Mexico)
Juarez, Anna Emily (New Mexico)
Kabrawala, Ameet B. (New Mexico)
Kade, Elizabeth L. (New Mexico)
Karnik, Sanjay S. (New Mexico)
Kennedy, Brian G. (New Mexico)
Lesperance, Karen Folster (New Mexico)
Lieber, Sheila M. (New Mexico)
London, Ellen Melissa (New Mexico)
Marchioli, Carlo D (New Mexico)
Mitchell, Gail Y. (New Mexico)
Nestler, Emily B. (District of Columbia)
Poscablo, Christine Schessler (New Mexico)
Pratt, Sherease Rosalyn (New Mexico)
Silvis, William Charles (New Mexico)
Smith, Kathryn L. (New Mexico)
Sowles, Marcia K. (New Mexico)
Stevens, Elizabeth Joanne (New Mexico)
Swinton, Nathan Michael (New Mexico)
Taylor, Margaret Kuehne (New Mexico)
Westwater, Gisela A (New Mexico)
Wetzler, Lauren A. (New Mexico)
See docket on RECAP: https://www.courtlistener.com/docket/4313609/womens-liberation-front-v-united-states-department-of-justice/
Last updated April 9, 2025, 11:45 a.m.
State / Territory: New Mexico
Case Type(s):
Special Collection(s):
Transgender Bathroom Access Cases
Key Dates
Filing Date: Aug. 11, 2016
Closing Date: March 16, 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Women's Liberation Front ("WoLF"), an unincorporated association of radical feminists dedicated to the total liberation of women fighting to, among other things, end male violence, regain reproductive sovereignty for women, and preserve women-only spaces
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Justice, Federal
Facility Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Basis:
Affected Sex/Gender(s):
LGBTQ+: