DOJ probes Illinois schools over LGBTQ+ policies, but won't say why
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Sarah Grillo/Axios
The Department of Justice is investigating whether 36 Illinois schools, including one Chicago charter network, have included "sexual orientation and gender ideology" content in K–12 classrooms.
- The investigation will also explore whether schools allow transgender students access to restrooms and locker rooms.
Why it matters: Illinois law requires schools to teach LGBTQ+ history, and state law mandates that students have access to facilities that adhere to their gender identity.
- Districts could face conflicting legal obligations between state law and federal enforcement.
Reality check: DOJ would not tell Axios why it's investigating these schools or what laws they could be violating, and there doesn't appear to be a common thread among the list of schools that cover a wide geographic and demographic swath of the state.
Flashback: Gov. JB Pritzker signed the Illinois Inclusive Curriculum law in 2019, mandating instruction "accurately portray the political, economic, and social contributions of lesbian, gay, bisexual, and transgender (LGBT) individuals."
State of play: The Illinois Human Rights Act prohibits discrimination against public school students based on their sexual orientation and gender identity, including equal access to restrooms and locker rooms.
- Advocates say it is also protected under Title IX.
Yes, but: The Trump administration has argued that allowing access based on gender identity may conflict with other students' rights.
Context: While the DOJ would not offer more details about the investigations, last week's announcement referenced the Supreme Court's decision in Mahmoud v. Taylor, which affirmed parents' right to opt their children out of LGBTQ+ curricula.
- Axios asked DOJ if the schools on the list were violating parents' ability to opt out of instruction that includes LGBTQ+ content, and DOJ spokesperson Katie Kenlein said, "We have nothing beyond last week's press release for you at this time."
The other side: "Parents and students do not need the Trump Administration to assess curricula for their classrooms," ACLU Illinois' Ed Yohnka told Axios in a statement.
- "The decision about what is appropriate for children is a local, individualized decision. We do not need Illinois schools run by Washington bureaucrats bent on enforcing their ideology," Yohnka said.
A spokesperson for the Noble Network of Charter Schools, the only Chicago schools on the list, had no comment.
- The Illinois State Board of Education referred Axios to Gov. JB Pritzker's statement, which said, "The Civil Rights Division used to investigate actual discrimination concerns to ensure all individuals are treated equally under the law, but they're now focused on belittling the rights and humanity of LGBTQ+ communities."
Victor Salvo from the Legacy Project, which helped create Illinois' LGBTQ-Inclusive Curriculum, said in a statement, "We will not stop doing what we do no matter what the DOJ does."
- "Our several hundred lesson plans and teaching materials will remain free of charge and openly accessible to any teacher in the world who seeks to make their curriculum inclusive for their students."
The bottom line: With so few details from the DOJ, it's unclear what, if anything, these schools need to fix and whether federal funding is at risk.