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Attorney General Kilmartin Joins SCOTUS Amicus Brief in Transgender Case, Gloucester Schools v. G.G.

Signed By 19 AGs, Brief Makes Strong Case in Support of Transgender Student Discriminated Against by Gloucester County Schools

Rhode Island Attorney General Peter F. Kilmartin joined an amicus brief filed with the U.S. Supreme Court and signed by 19 Attorneys General, in support of a transgender student – known as G.G. – who is suing the Gloucester County School for discrimination. The Attorneys General argue that discrimination on the basis of gender identity causes real and significant harm to both transgender people and the states themselves.

The Supreme Court is scheduled to hear the case, Gloucester County School Board v. G.G., on March 28th, looking at whether the Gloucester County School Board's policy prohibiting transgender boys and girls from using restrooms that other boys and girls use discriminates against transgender students on the basis of sex, in violation of Title IX.

"Discrimination of any kind, but especially discrimination based on sexual orientation or what gender a person identifies with, is reprehensible," said Attorney General Kilmartin. "As attorneys general, it is our duty to protect the rights of all people, and I will continue to stand for what is right for all our citizens."

The amicus brief, filed last night, was co-authored by New York Attorney General Eric Schneiderman and Washington State Attorney General Bob Ferguson, and signed by a total of 19 Attorneys General: New York, Washington, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, Pennsylvania, Oregon, Rhode Island, Virginia, Vermont, and the District of Columbia.

"The amici States' shared experience demonstrates that protecting transgender people from discrimination benefits all members of the public. And contrary to the petitioner's claims, our shared experience demonstrates that protecting the civil rights of transgender people—including by allowing them access to common restrooms consistent with their gender identity—creates no public safety or personal privacy threat and imposes no meaningful financial burden," the brief states.

Additionally, the amici States write, it's critical that entities receiving Title IX funds, like Gloucester County schools, not be allowed to discriminate in this way – which could open the door to denying transgender people equality in other ways and places.

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