An Illinois federal district court in C.G. v. Deerfield Public School District No. 109, recently dismissed a lawsuit filed by a middle school student (“C.G.”) challenging her public school district’s (“district”) gender-inclusive locker room practices. The court rejected the students’ claims under the Equal Protection Clause, Title IX, and the First Amendment, finding that the allegations did not support the federal claims asserted.
The district follows Illinois non-regulatory guidance from the Illinois Department of Human Rights and the Illinois State Board of Education, which state that students should be permitted to use school facilities that align with their gender identities. C.G. objected to change her clothes for physical education (“P.E. ”) in a girls’ locker room that a transgender female student also used. According to the complaint, school administrators responded after several students refused to change for class and later supervised the locker room while students prepared for P.E. C.G. alleged that these events caused her significant distress and have resulted in “severe psychological harm,” including “nightmares,” “trauma,” and “humiliation.” Ultimately, C.G. states these events contributed to her withdrawal from the district and being homeschooled.
C.G., through her mother, sued alleging that the actions of school officials, together with the district’s adherence to Illinois gender-inclusive policies regarding the use of school facilities, violated C.G.’s rights under the Equal Protection Clause, the First Amendment, and her rights under Title IX. C.G. also asserted Illinois state-law tort claims against individual school administrators. The district moved to dismiss the complaint.
In granting the motions to dismiss, the Court concluded that the district’s policy applies equally to all students and therefore did not support an Equal Protection claim. The court also found that C.G. failed to state a Title IX claim because she had not plausibly alleged sex-based discrimination or denial of educational opportunities. The court further dismissed C.G.’s First Amendment retaliation claim against individual administrators, concluding that they were entitled to qualified immunity. After dismissing all federal claims, the court declined to exercise jurisdiction over the remaining state-law claims.
Because the dismissal was with leave to refile, the case may not be over; C.G. may amend her complaint and continue the litigation. Litigation continues across our state and nationwide regarding the rights of transgender students, with varying results for the districts involved.
We will discuss the current state of the law at the upcoming IASPA/HLERK Regional Conferences. In the meantime, contact any of our Student/Special Education attorneys with your inquiries.
Source:
C.G. v. Deerfield Public Schools District 109 et al., No. 1:25-cv-13406 (N.D. Ill. Sept. 9, 2026)
