This past week, the Fourth Circuit reversed the decision of a Virginia Federal District Court in G.G. v. Gloucester County School Board.
G.G. sued the Gloucester County School Board because it adopted a bathroom policy which required transgender students to use separate unisex bathrooms. G.G. argued that the policy violated Title IX of the Civil Rights Act of 1964.
The Fourth Circuit found that while the applicable Title IX language was ambiguous, it deferred to the U.S. Education Department’s position that Title IX extends to transgender students and that transgender students should have access to the bathrooms that correspond with their gender identities. The case has been remanded back to the Federal District Court to rehear the student’s allegation that the School District’s bathroom policy violates federal law.
The Fourth Circuit further ruled that the Federal District Court should also reconsider G.G.’s request to use the boy’s bathroom at the District during the pendency of the case. The Fourth Circuit is the highest court to opine on the question of whether Title IX extends to transgender students and whether bathroom restrictions constitute sex discrimination.
Issues like these continue to plague the headlines as the law struggles to catch up. If you or your organization have questions regarding issues similar to those raised in G.G. v. Gloucester County School Board, it is best to consult with your legal counsel.
Lehigh Valley Family Law is a publication of KingSpry’s Family Law Practice Group. It is meant to be informational and does not constitute legal advice.
