Dept. of Justice: Title IX Protects Restroom Access for Trans Students
On Monday, June 29th, the Department of Justice filed a brief on behalf of a transgender student in the case Grimm v. Gloucester County School Board asserting that Title IX prohibits discrimination against transgender students. G.G., the plaintiff, is a transgender boy who filed a lawsuit against his school district after they banned him from using boys’ restrooms. The Statement of Interest filed by the Department of Justice on Monday asserts that it is in the interest of the United States to ensure that transgender students are able to use restrooms consistent with their gender identity.
The Department of Justice argued that the school board’s decision to ban G.G. from boys’ restrooms constituted sex stereotyping and discrimination based on gender identity, both of which are prohibited by Title IX protections against sex-based discrimination. This follows landmark guidance issued by the Department of Education last year that similarly found that Title IX protects transgender students.
The National Transgender Discrimination Survey (NTDS) released by NCTE and the National LGBTQ Task in 2011 showed that discrimination against transgender students is alarmingly widespread. Maintaining an educational setting free from discrimination and violence is crucial to the academic success and overall wellbeing of transgender students. NCTE applauds the steps taken by the Department of Justice on Monday to make high school a safer place for transgender students.
We urge any student, parent, school staff or anyone who has witnessed gender-based discrimination to consult our Know Your Rights resources and consider filing a Title IX complaint and seeking legal help. NCTE, in partnership with the Gay, Lesbian, & Straight Education Network (GLSEN), publishes guidelines and model policies for school districts wishing to ensure that their treatment of transgender students is consistent with Title IX.
