Amicus Brief

Gloucester County School Board v. G.G.: Amicus Brief

March 2017

The U.S. Supreme Court addresses whether Title IX of the Education Amendments protects transgender students from discrimination.

  • Adam P. Romero
    Legal Scholarship & Federal Policy Director, Former

A transgender student filed suit against his school district after it barred him from using the student restrooms consistent with his gender identity. The student argued that the school’s policy violated Title IX, which prohibits discrimination based on sex.

Federal law does not expressly prohibit discrimination against transgender students. An estimated 150,000 transgender youth ages 13 to 17 live in the U.S. These youth would gain federal protections in educational settings if the Supreme Court were to interpret the sex non-discrimination requirements of Title IX to prohibit discrimination based on gender identity.

The brief presents legal analysis demonstrating that discrimination against transgender people is a form of discrimination based on sex prohibited by Title IX. The brief also urges the Supreme Court to interpret Title IX to prohibit discrimination against transgender students in order to avoid a serious constitutional question, because public school policies that treat transgender students inconsistently with their gender identities violate not only Title IX but the Equal Protection Clause as well.

Download the amicus brief

Download Whitaker v. Kenosha School District amicus brief

Gloucester County School Board v. G.G.: Amicus Brief