Heyl Royster

U.S. Supreme Court’s Stay Puts a Hold on Transgender Accommodation Issues

august 4, 2016

On August 3, 2016, the U.S. Supreme Court issued a stay of a U.S. District Court's order that the Gloucester County School District was required to allow a transgender student to use the bathroom of his choice when he starts school this fall. Gloucester County School Board v. G.G., 579 U.S. ____ (2016). The District Court’s Order was based on the new OCR guidance which states that barring transgender students from bathrooms that coincide with their gender identity violates Title IX. The school district requested the stay while it prepares an official request for the Supreme Court to hear the case. The school district has argued that allowing the student to use the boys bathroom will disrupt the school and cause irreparable harm to students. Thus, while the Court is in recess, and at least until it decides whether to hear the case, the school district will not be required to allow the student to use the bathroom of his choice.

Please feel free to contact the attorneys in our Education Practice if you have any questions about the Court’s ruling or on any other issues related to school policy.

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