On February 13, 2017, a federal appellate court stayed all briefing in an appeal from an Ohio federal district court order directing an Ohio school district to permit a transgender student, who is biologically male but professes a female gender identity, access to a bathroom consistent with her gender identity.
As we reported in our September 26, 2016 blog update, an Ohio federal district court ordered the school district to treat a transgender student who professed a female gender identity, but is biologically male, “as the girl she is, including referring to her by female pronouns and her female name and allowing her to use the girls’ restroom.” Bd. of Educ. of the Highland Local School Dist. v. United States Dept. of Educ., S.D.Ohio No. 2:16-CV-254 (Sept. 26, 2016). To read our September 26, 2016 blog post, please click here.
The local school district appealed that ruling and requested that a federal appellate court stay, or lift, the order during the pendency of the appeal. The federal appellate court denied that request stating that “[w]e are not convinced that [the local school district] has made its required showing of a likelihood of success on appeal” in order to lift the order. To read our blog post regarding the denial, please click here.
The local school district next requested that the federal appellate court stay the appeal pending a ruling from the United States Supreme Court in Gloucester County School Board v. G.G., a highly anticipated case regarding another transgender student and bathroom access. To read our blog discussing the G.G. case, please click here. The federal appellate court granted the request, essentially stopping the appeal until the federal appellate court receives further guidance from the United States Supreme Court.
Please check back with our blog often for updates regarding this rapidly emerging issue affecting school districts across the country.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.