Gloucester County School Board v. G.G.
Public Justice joined an amici brief to the U.S. Supreme Court, then later to the Fourth Circuit, in a lawsuit brought by Gavin Grimm, a transgender boy challenging his Virginia high school’s bathroom policy, which bars transgender students from communal restrooms and forces them to use separate, single-stall bathrooms. The case presented the question of whether such a policy violates Title IX’s prohibition against sex discrimination, and was to be the first opportunity for the Supreme Court to consider discrimination against transgender people. The Fourth Circuit had ruled in favor of Grimm, agreeing with the U.S. Department of Education that Title IX protects the rights of transgender students to use the bathroom that corresponds to their gender identity.
The Supreme Court the Court vacated the judgment and remanded the case for further consideration by the Fourth Circuit, after the Trump administration rescinded guidance issued during the Obama administration that construed Title IX as requiring schools to allow transgender students to use the bathrooms of their choice. We then filed an amici brief in the Fourth Circuit. The Fourth Circuit sent the case back to the federal district court, where the parties are continuing to litigate the case.
- Adele Kimmel
Fatima Gross Graves, Neena Chaudhry, and Alexandra Brodsky of the National Women's Law Center and Charles Rothfield of Mayer Brown LLP