08/04/2016

By: Brittany Flaherty Theis

Whitt Law has advised many clients as they address requests made by transgender students for accommodations. This is a rapidly evolving area of law. Over the last week, multiple appeals both supporting and opposing accommodations for transgender students have seen movement through the court system.

Of particular significance is an order of the United States Supreme Court issued August 3, 2016. The order puts on hold a court ruling (in the form of a preliminary injunction) that required a Virginia school district to allow a transgender male student to use the sex-segregated restrooms for males. By its terms, the Supreme Court’s order states that the preliminary injunction entered by the District Court is stayed pending the timely filing and disposition of an appeal to the Supreme Court. The stay imposed by the Supreme Court will terminate automatically if the Supreme Court does not take the appeal, or upon the issuance of a judgment if it does take the appeal.

The Supreme Court’s order signifies that the Supreme Court is paying attention to this topic and might rule on it in the near future. Until such precedent is available, we will continue to monitor state and federal cases at the lower levels and state and federal agency guidance for developments in the best approach for districts to take. This update underlines the importance of handling each situation on a case-by-case basis and contacting an attorney when new developments arise. The attorneys at Whitt Law are available to assist your school district address the rights and needs of all of your students, including transgender students. Please contact Attorney Brittany Flaherty Theis if you have any questions.

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