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to Section One | to Arts & Entertainment
posted Friday, May 31, 2019 - Volume 47 Issue 22
SCOTUS rejects challenge to Trans student rights
Section One
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SCOTUS rejects challenge to Trans student rights

by Mike Andrew - SGN Staff Writer

The US Supreme Court announced on May 28 that it will not hear a challenge to school policies that allow Transgender students to use restrooms and locker rooms that match their gender identity.

The high court's decision leaves such policies in place, at least for now, and represents a victory for Trans rights. The high court will only take up cases that at least four justices vote to hear.

The case, Doe v. Boyertown Area School District, originated with a group of four students at a Pennsylvania high school, who claimed that their privacy rights were violated by a school policy allowing Trans students to use facilities that matched their gender identities.

The four were represented by the anti-LGBT hate group, Alliance Defending Freedom.

The central legal issue is the interpretation of Title IX of the Education Amendments of 1972, which forbids schools that receive federal funds - in other words, almost all schools in the US - from discriminating on the basis of sex.

The Obama administration believed that the language of Title IX also protected gender identity. When that reading of Title IX was challenged by lawsuits, the Supreme Court was preparing to review the case, but a policy change by the Trump administration rendered the suit moot and the high court ultimately declined to hear it.

The court has also said it would review the scope of Title VII of the Civil Rights Act of 1964, which involves anti-discrimination protections for LGBT workers, next term.

The ACLU called the Supreme Court's decision 'an enormous victory for transgender students across the country.'

'Boyertown's schools chose to be inclusive and welcoming of transgender students in 2016, a decision the courts have affirmed again and again,' the group said in a media release.

'This lawsuit sought to reverse that hard-won progress by excluding transgender students from school facilities that other students use. That would have increased the stigma and discrimination that transgender students already face.

'Thankfully, today's announcement allows schools to move forward with policies that support transgender students. But our work is far from over. We will continue to defend the transgender community from attacks in the courts, the legislatures, and the White House.'

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SCOTUS rejects challenge to Trans student rights
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Lambda Legal, Americans United, and Center for Reproductive Rights sue Trump administration to block denial-of-care rule
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HRC: Supreme Court upholds lower court ruling affirming Trans students
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Supreme Court allows school district restroom policies supporting Transgender students to stand
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