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Attorney General Kilmartin Joins Coalition in Support of Transgender Student Discriminated Against by School District

Attorneys General File Brief in G.G. v. Gloucester County School Board, Which Will Be Heard by Fourth Circuit

Attorney General Peter F. Kilmartin joined a coalition of 18 Attorneys General in filing an amicus brief with the United States Court of Appeals for the Fourth Circuit today, in support of a transgender student known as G.G. who is suing the Gloucester County School Board for discrimination.

In March, the U.S. Supreme Court remanded the case to the U.S. Court of Appeals for the Fourth Circuit, which will hear the case and determine 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.

The Attorneys General argue in the amicus brief that ensuring the civil rights of transgender people including by allowing them access to the restrooms consistent with their gender identity benefits all, while creating no public safety or personal privacy threat and imposing no meaningful financial burden. Moreover, the Attorneys General argue, the Gloucester County School Board's policy violates Title IX by denying transgender boys and girls access to the same common restrooms other boys and girls may use and therefore discriminating on the basis of sex.

"If entities receiving Title IX funds are allowed to discriminate in this way, transgender people will be denied equality in defendant's schools and in many other places. The amici States have important interests in ensuring that their transgender populations do not experience indignity and discrimination when they travel to other States," the Attorneys General write.

The amicus brief was signed by a total of 18 Attorneys General: New York, Washington, California, Connecticut, Delaware, Hawai'i, Iowa, Illinois, Massachusetts, Maryland, Maine, New Mexico, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, and the District of Columbia.

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