DOJ Launches Anti-Trans Investigations Into 36 Illinois School Districts Over Bathrooms And Books

The investigation targets bathroom usage and LGBTQ+-related curriculum materials in schools.

May 04, 2026

Illinois governor JB Pritzker at podium — Pritzker // Capital News Illinois

On April 30th, the DOJ's Civil Rights Division, led by anti-trans activist and Assistant Attorney General Harmeet K. Dhillon, launched investigations into 36 Illinois public school districts over LGBTQ+ and transgender issues. The investigations target whether transgender students are allowed to use bathrooms and play sports, and whether students learn that LGBTQ+ people exist in their education and curriculum. Dhillon cited Mahmoud v. Taylor, a narrow Supreme Court ruling about religious opt-outs from storybooks that says nothing about banning LGBTQ+ content from schools, as well as a novel interpretation of Title IX that claims the law requires discrimination against transgender students. The investigations carry the implicit threat of federal funding losses and other punitive action. Notably, the Trump administration has tried this same playbook with school districts across the country and has failed repeatedly: school districts in Virginia, Denver, Chicago, and New York City all refused to comply with similar demands, and a federal judge issued a preliminary injunction blocking the administration's restrictions on behalf of a 16-state coalition.

"Today, the Justice Department's Civil Rights Division launched investigations into 36 Illinois public school districts to determine whether they have included sexual orientation and gender ideology (SOGI) content in any class for grades pre-K-12," reads the DOJ's announcement. "If they are teaching SOGI-related content, the investigations will examine whether the schools have notified parents of their right to opt their children out of such instruction. The investigation will also assess whether the Illinois School Districts limit access to single-sex intimate spaces (such as bathrooms and locker rooms) and girls' sports teams based on biological sex," it continues—making clear that the investigations go far beyond parental opt-outs and extend to basic inclusive policies toward transgender students, including whether schools allow them to use the bathroom.

"This Department of Justice is determined to put an end to local school authorities keeping parents in the dark about how sexuality and gender ideology are being pushed in classrooms," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "Supreme Court precedent leaves no doubt: parents have the fundamental right and primary authority to direct the care, upbringing, and education of their children. This includes exempting their children from ideological instruction that contradicts their values or decisions about their children's health and best interests," she continued, citing an inaccurate understanding of Supreme Court precedent.

The DOJ cites two recent Supreme Court decisions to justify its threats: Mahmoud v. Taylor and Mirabelli v. Bonta. Both are troubling rulings for LGBTQ+ rights—but neither says what the DOJ claims they say. Mahmoud, decided 6-3 in June 2025, held that religious parents must be allowed to opt their children out of specific LGBTQ+-inclusive storybooks in elementary school. It was a narrow free exercise ruling that addressed one school district’s refusal to grant religious exemptions from particular books. It did not ban LGBTQ+ content from schools, did not address bathrooms or sports, did not give the federal government authority to investigate schools for having inclusive curriculum, and—as the California Department of Education’s official guidance made clear—”should not be interpreted to require or allow the erasure of any particular group from public school curricular content.”

Mirabelli, decided 6-3 in March 2026, reinstated an injunction against California’s policy of prohibiting schools from disclosing a student’s gender identity to parents without the student’s consent. But even Mirabelli was not a final ruling on the merits; Justice Barrett’s concurrence stressed it was an interim order and that “the parents must continue to litigate in the 9th Circuit.” The Court also acknowledged that schools retain the ability to withhold information from parents who might be abusive—meaning even under Mirabelli, blanket forced-outing policies are not required. Importantly, neither decision addresses whether schools can allow transgender students to use bathrooms, play sports, otherwise learn about themselves in school.

The DOJ also cites Title IX—but interprets it to mandate discrimination against transgender students rather than protect them from it. This legal theory, once considered fringe, has become the central underpinning of the administration's campaign against public schools. Under Obama and Biden, the DOJ and Department of Education interpreted Title IX's prohibition on sex discrimination to include protections for transgender students, consistent with rulings in Grimm v. Gloucester County School Board, Whitaker v. Kenosha Unified School District, and other federal courts. The Trump administration has flipped this interpretation entirely, claiming the law requires schools to bar transgender students from bathrooms, sports, and recognition—and threatening to strip funding from those that refuse.

Nevertheless, this argument has been rejected by school districts across the country, and in Oregon, a federal judge issued a preliminary injunction barring the administration from enforcing these threats on behalf of a 16-state coalition. It is worth noting, however, that the Supreme Court is currently evaluating Title IX's applicability to transgender students in West Virginia v. B.P.J. and Little v. Hecox—and given a Court that has ruled against transgender people at virtually every opportunity, the legal landscape could shift dramatically depending on what comes of the court decision.

Political leaders in Illinois have rejected the investigation's basis wholesale. "The Trump Administration continues to punish states the President does not like and this is yet another sham investigation carried out by an office with no regard for the rule of law or the well-being of the American people," said Governor JB Pritzker. "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." U.S. Senator Dick Durbin was equally blunt: "I can save DOJ some time. Their investigators will find 36 Illinois school districts dedicated to providing their students with a good, well-rounded education. If the Trump Administration truly cared about supporting Illinois students and their education, it would reverse the decision to dismantle the Department of Education, finally support Head Start programs, and stop attacking Title I funding and the rights of LGBTQ+ students. Instead, this President is once again weaponizing DOJ to carry out a sham investigation against a state that did not vote for him in the 2024 election."

The Illinois School Districts under investigation include: