Dive Brief:
- Virginia’s Gloucester County School Board has petitioned the U.S. Supreme Court to hear its case over trans student bathroom use, arguing a decision is of national importance.
- The Huffington Post reports the district was ordered by a lower court judge to accommodate a trans student’s request to use the boys' bathroom, and the Supreme Court could order a temporary reprieve from this order while it considers the case.
- This marks the first time such a case has reached the Supreme Court following guidance from the Obama administration placing public schools at risk of losing federal funding if they do not accommodate the gender identity needs of students.
Dive Insight:
The Obama administration based its guidance to schools in the requirements of the Title IX anti-gender discrimination law. This law was first known for transforming women’s access to sports in education, and it has more recently received attention relating to sexual assault on college campuses. Many states have taken issue with the administration’s interpretation of the law, arguing that it says nothing about sexual identity. A complete loss of federal funding would almost certainly force school districts to close, a powerful threat for the U.S. Department of Education.
So far, 21 states have filed lawsuits challenging the department’s interpretation of Title IX, as well as the Civil Rights Act, which the federal government says also bars discrimination from individuals based on their gender identity.