GONZAGA V. DOE

The Supreme Court's decision in Gonzaga University v. Doe narrowed the definition of when people can go to court to enforce their civil rights under federal law. The case was specifically about the unauthorized release of a student's educational records, but the Court's broadly worded opinion has already had implications in many other civil rights contexts. This case has been read to radically limit the reach of a key federal law that enables people to sue public agencies for violating their rights. This federal law is called "Section 1983."

The Family Education Rights and Privacy Act (FERPA) explicitly prohibits educational agencies and institutions that receive federal funding from releasing the educational records or private information of students. The Act does not, however, have language that explicitly states what a student can do when these entities have broken the law. When a Gonzaga University official released information regarding John Doe to a potential employer without his consent, Mr. Doe sued Gonzaga under Section 1983, arguing that Section 1983 enabled him to sue because of the violation of his federal rights.

Even though FERPA establishes rights to privacy for students it doesn't specify what recourse there is if those rights are violated. The Court ruled in favor of the University based on a technicality: that FERPA doesn't have "rights-creating" language and therefore John Doe couldn't bring the suit. This ruling dramatically redefined when people can go to court to enforce their rights under federal laws. Even though the University had done something unlawful, the Court ruled that it couldn't be held liable for its violations.

This critical case establishes a precedent that has caused the courts across the country to refuse to hear other suits regarding civil rights matters in the areas of housing, health care, education, the environment, and privacy. As a result of Gonzaga, there are a vast array of other civil rights that can no longer be enforced when they are violated. If the Gonzaga holding is not limited in future decisions or reversed by Congress, a growing number of federal statutes designed to help people of color, low income families, and people with disabilities could be rendered unenforceable.

For more information:
Gonzaga v. Doe [536 U.S. 273 (2002)]
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