At Advocate Capital, we believe in recognizing and supporting organizations that champion justice. One case that underscores the importance of legal advocacy is Tennessee v. McMahon, which threatens essential protections for pregnant and postpartum students under Title IX. Public Justice, BraunHagey & Borden LLP, and Pillersdorf Law Offices have filed a motion in this case, fighting to uphold the rights of students who need accommodations to balance their education with their health and family responsibilities.
In 2024, the U.S. Department of Education introduced new Title IX regulations that expanded protections for various student groups, including sexual harassment victims, LGBTQ+ students, and pregnant and postpartum students. The regulations granted essential rights to the latter group, such as lactation breaks in clean spaces, excused absences for medical appointments, adjusted deadlines, and even access to appropriately sized desks to accommodate pregnancy. These measures were designed to ensure that no student is forced to choose between their education and their health.
However, in January 2025, a federal judge struck down the entire regulation nationwide in Tennessee v. McMahon. The lawsuit, initiated by Tennessee and several other states, had only challenged provisions related to LGBTQ+ student rights. Yet, the ruling invalidated all the regulations, including those protecting pregnant and postpartum students, without the states arguing that those provisions were unlawful.
Public Justice and A Better Balance, a nonprofit dedicated to advancing the rights of pregnant and postpartum students, has moved to intervene in the case. They aim to appeal the ruling and restore the protections guaranteed under 34 C.F.R. § 106.40. Their legal argument is straightforward: even if specific provisions of the regulation are contested, the pregnancy-related protections should stand on their own and remain in effect.
If allowed to intervene, A Better Balance will argue that the district court’s ruling went too far by striking down protections that were not even challenged. The organization will fight to ensure that pregnant and postpartum students retain the rights they were granted under the 2024 regulations.
The advocacy efforts of Public Justice and A Better Balance exemplify the power of legal organizations in protecting the rights of individuals who might otherwise be left without recourse.
Advocate Capital, Inc. is thankful for the opportunity to support Public Justice and the work they do to protect the rights of individuals who might otherwise be left without recourse. If you would like to be a financial supporter, click here to be taken to Public Justice’s website.
