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July 9, 2021

The Supreme Court's Transgender Bathroom Case Rebuff, What Direction Should School Districts Take?

The National Law Review

The Supreme Court recently denied to hear an appeal from the school board in Grimm v. Gloucester County School Board, a case heard by the U.S. Court of Appeals for the Fourth Circuit, which resulted in the court affirming that Title IX protects the right of transgender students to use school bathrooms that match their gender identity. EducationCounsel Managing Partner Art Coleman said that this is no surprise given the already emerging consensus by lower federal courts and the Biden administration that blocking transgender students from gender-matched bathrooms constitutes medical, psychological, and educational discrimination and, in so doing, violates the Constitution.

"The U.S. Supreme Court’s decision not to consider the appeal in the Grimm case is not surprising in light of the unbroken string of recent federal appellate decisions that affirm that the protections of Title IX extend to transgender students," Coleman told the National Law Review. "Coupled with recent U.S. Departments of Justice and Education actions that align with those rulings, clear consensus has emerged under federal law.” With the EducationCounsel team and its partners last year, Coleman filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit on behalf of Gavin Grimm.

Prior to co-founding EducationCounsel, which is a subsidiary of Nelson Mullins, Coleman served as deputy assistant secretary for civil rights in the U.S. Department of Education. He is currently a board member for GLSEN, a national network that aims to create affirming learning environments for LGBTQ youth.

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