May 31, 2018

TRANSGENDER BATHROOM CASE HEADED BACK UP ON APPEAL?: Last week, Federal District Court Judge Arenda Wright Allen ruled in Grimm v. Gloucester County School Board that Title IX requires schools to permit an anatomical female who identifies as male to use the boys’ room (and presumably vice versa).

To understand why Judge Allen is wrong, you could do worse than reading the Amicus Curiae Brief filed by Peter Kirsanow and me back when this case was last in the Supreme Court. As you may recall, the Supreme Court remanded the case to the lower courts in light of the Trump Administration’s decision to withdraw the Obama-Era “Dear Colleague Letter” that had instructed schools that they must allow transgender students to use the showers, locker rooms and toilets of the sex they identify with rather than the sex that corresponds to their anatomy.

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