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U.S. Supreme Court Sends Transgender Case Back to Court of Appeals

MARCH 6, 2017

The United States Supreme Court will not decide the issue of whether Title IX bars discrimination in schools on the basis of gender identity in Gloucester v. G.G., which had been scheduled for oral arguments this month.  The Gloucester case involved a transgender student’s right to access bathrooms consistent with his gender identity.  Today, the Supreme Court vacated the decision of the Fourth Circuit Court of Appeals and sent the case back to the Fourth Circuit for further consideration in light of the guidance issued by the Departments of Education and Justice on February 22, 2017.   Because the Supreme Court vacated the Fourth Circuit’s earlier decision, that decision no longer has any legal effect and there are now no Federal Court of Appeals decisions addressing the rights of transgender students under Title IX.  Accordingly, the legal landscape for transgender students under Title IX remains uncertain.   This could change after the Seventh Circuit decides a case scheduled for oral arguments at the end of this month involving a transgender student in the Kenosha Unified School District.  School districts are advised to continue monitoring the developing law in this area.

The Supreme Court decision and the withdrawal of the guidance issued by the Departments of Education and Justice do not have any direct impact on issues of the rights of transgender employees.  That area is also ripe for further development under Title VII and Title IX.

For questions or more information about this topic, please contact one of the attorneys listed below.

If you have any questions regarding this topic, please call any of the following attorneys at Boardman & Clark LLP.

Michael J. Julka 608.286.7238  |  Email

JoAnn M. Hart 608.286.7162  |  Email

Eileen A. Brownlee 608.822.3251  |  Email

Doug Witte 608.283.7529  |  Email

Steve Zach 608.283.1736  |  Email

Richard F. Verstegen 608.286.7233  |  Email

M. Tess O’Brien-Heinzen 608.283.1798  |  Email

Brian P. Goodman 608.283.1722  |  Email

DISCLAIMER: Boardman & Clark LLP provides this material as information about legal issues and not to give legal advice. In addition, this material may quickly become outdated. Anyone referencing this material must update the information presented to ensure accuracy. The use of the materials does not establish an attorney-client relationship, and Boardman & Clark LLP recommends the use of legal counsel on specific matters.

DISCLAIMER: Boardman & Clark LLP provides this material as information about legal issues and not to give legal advice. In addition, this material may quickly become outdated. Anyone referencing this material must update the information presented to ensure accuracy. The use of the materials does not establish an attorney-client relationship, and Boardman & Clark LLP recommends the use of legal counsel on specific matters.

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