DOJ probes three Michigan schools over gender instruction, bathroom policies

By Elyse Apel
The Center Square

Federal civil rights investigators have opened inquiries into three Michigan public school districts over classroom content and student facility policies.

The probes target Detroit Public Schools Community District, Godfrey-Lee Public Schools and Lansing School District, the U.S. Department of Justice announced Wednesday.

Federal officials said investigators will examine whether the districts include sexual orientation and gender identity content in pre-K-12 classes and, if so, whether parents are notified of their right to opt their children out of that instruction.

The investigations will also assess whether the districts limit access to “single-sex intimate spaces,” such as bathrooms and locker rooms, based on biological sex. The Trump administration’s position emphasizes that Title IX protections are rooted in biological sex.

Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division said the department is responding to what they see as a growing trend.

“Supreme Court precedent is clear: parents have the right to direct the religious upbringing of their children, which includes exempting them from ideological instruction which conflicts with their families’ sincerely held religious beliefs,” Dhillon said. “And Title IX demands that we guard the safety, dignity, and innocence of our youngest citizens—our children—by ensuring that they have unfettered access to bathrooms and locker rooms of their biological sex.”

The investigations follow the Michigan State Board of Education’s adoption in November of a revised Michigan Health Education Standards Framework, which drew sharp debate across the state.

The updated standards include recommendations that students be taught about topics such as gender expression, sexual orientation and broader sexual health practices. The board approved the framework in a 6-2 vote despite opposition from Republican lawmakers, candidates, advocacy groups and some parents.

“I am proud of what we just did,” board President Pamela Pugh said following the vote. “We made safer spaces for students, all students.”

Many of the guidelines are new and were not found in the last Michigan Health Education Standards Framework, which was last updated in 2007.

The state argued in a statement following the approval that local districts still maintain control.

“As in previous versions, local control remains in place and parents retain the right to decide whether their children should participate in sex education instruction,” it said. “The standards remain consistent with Michigan law by providing for local school districts to notify parents in advance of any sex ed instruction.”

Critics argued that while the standards serve as guidance rather than requirements, they establish a concerning precedent for classroom instruction.

“Calling these standards ‘just guidelines’ doesn’t change the practical reality,” State Rep. Rachelle Smit, R-Shelbyville and Speaker Pro Tempore, told The Center Square in an exclusive interview in November. “Once Lansing sets a benchmark, local districts face strong pressure to adopt it, even when it clashes with the beliefs and needs of the communities they serve.”

Many opponents of the new framework have been particularly concerned with the inclusion of LGBTQ+ education guidelines. The guidelines were adopted for students as young as sixth grade, who are usually aged 11-12.

Now, the state recommends that schools for students in grades 6-8:

• “Define gender identity, gender expression, and sexual orientation, and explain that they are distinct components of every individual’s identity.”

• “Explain how biological sex, gender identity, and gender expression are distinct concepts.”

• “Explain that romantic, emotional, and/or sexual attractions can be toward an individual of the same and/or different gender(s).”

The Civil Rights Division said their review will focus on whether the districts—which receive hundreds of thousands of dollars of federal taxpayer funding—are complying with Title IX and recent Supreme Court precedent. Dhillon said the department is committed to enforcing civil rights protections while ensuring schools respect parental rights and student privacy.

“This Department of Justice is fiercely committed to ending the growing trend of local school authorities embedding sexuality and gender ideology in every aspect of public education,” she said.

The Civil Rights Division emphasized the investigations are in their early stages and no findings have been made. In letters to the districts, officials said failure to comply could result in loss of federal funding. The districts have until April 6 to respond to the department’s request for information.