School board association gets update on transgender students

Case pending in Supreme Court

STURGIS — Jennifer Starlin, an associate from Thrun Law Firm, gave an update on transgender students to local school leaders attending the St. Joseph County School Board Association meeting at Sturgis Middle School on Tuesday, Jan. 31.
She told them that a case is pending in the Supreme Court (Gavin Grimm vs. Gloucester County School Board) against a Virginia school district who restricted single sex restrooms to matching genders and provided three unisex restrooms.  The ACLU filed the suit on behalf of Grimm, a transgender student, alleging violation of Title IX and the equal protection clause.
Title IX says that a recipient of federal funds may provide separate toilet, locker room and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.
The Grimm case said that the Title IX regulation is susceptible to more than one plausible reading because it permits both the Board’s reading — determining maleness or femaleness with reference exclusively to genitalia — and the Office of Civil Rights’ interpretation — determining maleness or femaleness with reference to gender identity.

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