Related to: Transgender
The Wisconsin Supreme Court recently granted a petition for review of an injunction against the Madison Metropolitan School District relating to enforcement of its policies on gender identity. The original complaint was filed on February 18, 2020, by the Wisconsin Institute for Law & Liberty (WILL) in the Dane County Circuit Court. The complaint was…
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Today, June 15, 2020, the Supreme Court of the United States ruled on a much anticipated landmark decision related to discrimination based on sexual orientation and transgender status. Historically, the Civil Rights Act of 1964, Title VII, has made it “unlawful … for an employer to fail or refuse to hire or to discharge any…
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There have been new developments in G.G. v. Gloucester, the case involving a transgender student that was previously before the U.S. Supreme Court. As reported in our previous Legal Updates, this case began in 2015 after a school district adopted a policy stating that the use of boys’ and girls’ restroom and locker rooms “shall…
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As part of its endeavor to shift power from federal government to state and local governments and communities, the Trump Administration has been reviewing the role of the Department of Education and the Office for Civil Rights (OCR). On April 26, 2017, President Trump signed an Executive Order which directs Education Secretary Betsy DeVos to…
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June 2, 2017 – On May 30, 2017, the Seventh Circuit Court of Appeals affirmed a preliminary injunction which allows a boy to use the boys’ restroom while at school. Although the Seventh Circuit’s decision is significant, it does not necessarily require school districts to generally permit transgender restroom access to students for whichever facilities…
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February 16, 2017 – On February 10, 2017, the Trump Administration signaled a change in policy on transgender students. Days before oral arguments were scheduled to be held on a motion filed by the Obama Administration in State of Texas et al. v. United States of America et al., the Trump Administration withdrew the motion,…
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Earlier today, Federal District Court Judge Reed O’Connor of the Northern District of Texas issued a preliminary injunction in State of Texas et al. v. United States of America et al. This case began when thirteen states and agencies, including the State of Wisconsin, filed a lawsuit alleging that the interpretation of “sex” in the joint…
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On May 13, 2016, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division issued a joint guidance document regarding transgender students. The guidance, which is not in the form of a regulation but rather a Dear Colleague Letter, states, “The Departments interpret Title IX to require…
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Last week, the Fourth Circuit Court of Appeals overturned a lower court’s decision dismissing a transgender student’s Title IX discrimination claim against his school district. Notably, the Fourth Circuit deferred to the Department of Education’s interpretation of the Title IX regulations in making its decision. Because the Fourth Circuit is the highest court to have…
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