School Law Advisor Blog

UPDATE: United States Supreme Court to Hear Case Regarding Transgender Restroom Use

The United States Supreme Court has granted certiorari in the case of Gloucester County Board v. G.G.  The court will hear only 2 issues:
1. Should deference extend to a letter from the U.S. Department Office of Civil Rights ("OCR") that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought?
2. With or without deference to OCR, should OCR's specific interpretation of Title IX and attendant rules be given effect?
The case outcome, therefore, could provide guidance on the broadness or narrowness of OCR's authority, as well as the fundamental Constitutional issues involved in a child's usage of restroom facilities.   Miller, Tracy, Braun, Funk & Miller, Ltd. is following the case, and will provide further guidance as the arguments and (hopefully a decision) progress.

After initially granting certiorari, the Supreme Court vacated the decision of the lower court and remanded to the Fourth Circuit Court of Appeals for further proceedings when the U.S. Department of Education refused to enforce prior administration's interpretation of Title IX of the U.S. Code (upon which the original case for requiring the Gloucester School Board to grant the student access to the bathroom matching his gender identity was predicated).  The student's representatives have publicly promised they will continue to pursue the case, so while there is no dispositive decision at this time, the likelihood is high that the case will continue.