HLERK continues to follow the developments in the nationwide litigation concerning the rights of transgender students.
Over the past several months, there has been quite a bit of action in the State of Texas et al. v. USA case, previously reported here. The federal court in Texas enjoined the federal government from enforcing its “Dear Colleague Letter” on the rights of transgender students, and under the Obama administration, the United States government had appealed the injunction. Shortly after President Trump’s inauguration and while the appeal was still pending, on February 10, 2017, the United States government withdrew its motion for partial stay pending appeal stating, “The parties are currently considering how best to proceed in this appeal.” The court granted the motion.
The Trump administration has also expressed its position on transgender students in the Students and Parents for Privacy et al. v. District 211 et al. case, previously reported here. On February 24, 2017, the United States government filed a “Notice to the Court” informing the court of the February 22, 2017, “Dear Colleague Letter,” withdrawing guidance issued on transgender students under the Obama administration. For more information on the February 22, 2017, “Dear Colleague Letter,” see our prior article.
The United States government filed a similar notification letter with the United States Supreme Court in the Gloucester County School Board v. G.G. case. In light of the letter and the administration’s February 22 “Dear Colleague Letter,” the Supreme Court has asked the parties to submit their views on how the case—which is currently scheduled for oral argument on March 28—should proceed.
HLERK will continue to closely monitor the developments in this area of the law. Please contact Michelle Todd or Kaitlin Atlas with your transgender student inquiries.