In the wake of the decision from President Donald J. Trump’s Administration to withdraw the Department of Justice and Department of Education’s prior joint guidance regarding transgender students, which we reported about here, the U.S. Supreme Court vacated the lower appellate court decision in Gloucester County School Board v. G.G. and sent the case back to the lower appellate court for further consideration in light of the joint withdrawal.
As we reported in our May 2, 2016 blog, the lower appellate court in G.G. relied heavily on the prior joint guidance in finding that the prohibitions on discrimination “on the basis of sex” in Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations require that school districts provide transgender students access to sex-segregated facilities based on gender identity. To read our May 2, 2016 blog, please click here. The decision to vacate that ruling means that the lower appellate court will now take a fresh look as to whether the school district’s policy limiting bathroom access based on biological sex violates Title IX.
Please check our blog often for updates regarding this rapidly emerging issue impacting 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.