Last week, amid a flurry of opinions and other actions, the U.S. Supreme Court made a notable decision not to act when it declined to review Gloucester Cty. School District. v. Grimm, a 4th Circuit Court of Appeals decision involving the rights of transgender students. The court’s decision was not unanimous – Justice Alito and Justice Thomas would have reviewed the case – but the 7-2 vote means the 4th Circuit’s decision will stand.
When the…
Earlier today, the U.S. Department of Education's Office for Civil Rights (OCR) issued a …
While most of the conversations in schools about gender transition has been focused on students, schools need to be aware that transgender employees may be involved in gender transition as well. Federal laws against sex and disability discrimination make it illegal to fire, refuse to hire, harass, or otherwise discriminate against transgender employees …
On Jan. 20, President Joe Biden signed an Executive Order on Preventing and Combating…
A federal district judge recently issued a final ruling in favor of transgender student Gavin Grimm. The ruling marks an end to a long legal process that began in 2015, with stops in the district court, court of appeals and U.S. Supreme Court along the way.…
Recently, a Virginia middle school held a lockdown drill as part of its safety plan. During the drill, a 14-year-old transgender student was prevented from accessing the safety of the…
Earlier this month, two federal courts issued decisions in cases involving the rights of transgender students. These decisions should help school districts understand their legal obligations as they apply to all students.
Grimm v. Gloucester County School Board
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On March 7, a Sixth Circuit Court of Appeals panel held that employers cannot discriminate against employees based on their transgender or transitioning status, notwithstanding the employer’s sincere religious objections.
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On February 22, the U.S. Departments of Education and Justice withdrew their previous joint guidance that provided information for schools on the departments’ interpretation of the rights of and protections for transgender students under Title IX. Noting that the “interpretation has given rise to significant litigation regarding school restrooms and locker rooms,” the Departments said “there must be due regard…
Today, the U.S. Supreme Court agreed to hear an appeal from a Virginia school board seeking to prevent a high school student from using the boys' bathroom. In April, the U.S. Court of Appeals for the 4th Circuit gave deference to the federal government's position that Title IX, the federal law prohibiting discrimination "on the basis of sex" in public schools, protects the rights of transgender students to use school bathrooms that align with their gender identity. The court ordered the…
