Complaint alleges Hawaii DOE transgender guidance violates law

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A national advocacy organization has filed a federal civil rights complaint alleging that Hawaii's public school transgender student guidance violates federal sex-discrimination law and constitutional free speech protections. The complaint argues the state's policies, which aim to prevent discrimination and ensure student safety, improperly shift the burden onto female students and compel student speech related to gender identity.

Why it matters

This complaint highlights the ongoing legal disputes and policy debates around how federal laws like Title IX apply to transgender student rights and protections in public schools. It raises questions about balancing anti-discrimination measures with concerns over sex-segregated intimate spaces and compelled speech.

The details

The complaint, filed by Defending Education, alleges violations of Title IX, the Equal Protection Clause, and the First Amendment. It challenges the state Department of Education's 'Guidance on Supports for Transgender Students' and related anti-harassment and nondiscrimination policies. The complaint argues the guidance improperly shifts the burden onto female students by allowing transgender students to use restrooms and locker rooms matching their gender identity, and that policies prohibiting the intentional refusal to use a student's preferred name and pronouns constitute unconstitutional compelled speech.

• The complaint was filed on Thursday, February 14, 2026.

What they’re saying

What’s next

The federal civil rights complaint has triggered a review process that may lead to an investigation, requests for documents, or dismissal if federal officials find insufficient grounds.