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Equal Protection › Fourteenth Amendment › Transgender

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Franczek P.C.

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

Hall Benefits Law

U.S. Supreme Court to Review Tennessee State Ban on Gender-Affirming Care

Hall Benefits Law on

The U.S. Supreme Court has agreed to review a decision of the U.S. Court of Appeals for the Sixth Circuit that upheld a Tennessee state law banning gender-affirming care for minors and overturned a lower court injunction that...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Miles & Stockbridge P.C.

Gender Dysphoria Recognized as a Disability Under Federal Law

Miles & Stockbridge P.C. on

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more

Jackson Lewis P.C.

Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

Jackson Lewis P.C. on

Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held....more

TNG Consulting

Eleventh Circuit Extends Bostock to Protect Transgender Students under Title IX

TNG Consulting on

Adams v. Sch. Bd. of St. Johns Cty., 968 F.3d 1286 (11th Cir. 2020). Factual Summary: Drew Adams is a transgender male who was prohibited from using the boys’ restroom at his public high school. In the eighth grade,...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Seyfarth Shaw LLP

Arizona Federal Court Recommends Class Certification On The Basis Of Demographic Studies

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Toomey v. Arizona, No. 19-CV-0035, 2020 WL 2465707 (D. Ariz. May 12, 2020), a Magistrate Judge for the U.S. District Court for the District of Arizona recommended the certification of class claims...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”

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Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. ...more

Ballard Spahr LLP

Third Circuit Rejects Challenge to School District's Bathroom Policy for Transgender Students

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has issued its much anticipated precedential opinion upholding denial of a preliminary injunction against a Pennsylvania school district's policy allowing transgender high...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

FordHarrison on

The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Husch Blackwell LLP

Update On Federal Courts Addressing Transgender Issues In Schools: Grimm V. Gloucester County School Board And Doe V. Boyertown...

Husch Blackwell LLP on

Within the last couple of weeks, two decisions were issued that relate to transgender students’ use of facilities in public schools. In Grimm v. Gloucester County School Board, on remand from the U.S. Supreme Court and the...more

FordHarrison

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Seyfarth Shaw LLP

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Best Best & Krieger LLP

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

McGuireWoods LLP

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

McGuireWoods LLP on

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

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