In this brief, the National Women’s Law Center and the American Civil Liberties Union urged the Supreme Court to determine that the existence of a remedy for sex discrimination claims under Title IX did not displace the ability to enforce constitutional claims for sex discrimination through a suit under 42 U.S.C. § 1983. In its 2009 opinion in Fitzgerald v. Barnstable School Committee, the Supreme Court agreed that a plaintiff alleging sex discrimination in public education can bring both Title IX and § 1983 claims.
