Brief of Amici Curiae GLBTQ Legal Advocates & Defenders et al. in Support of Respondent in Gloucester County School Board v. G.G., SJC 16-273

39 Pages Posted: 19 Apr 2017

See all articles by Jennifer Levi

Jennifer Levi

Western New England University School of Law

Shannon Price Minter

National Center for Lesbian Rights

Dean Richlin

Foley Hoag LLP

Date Written: March 2, 2017

Abstract

Amici brief written by Jennifer L. Levi, of the GLBTQ Legal Advocates & Defenders, Shannon P. Minter, of the National Center for Lesbian Rights, and Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, and Emily J. Nash, of Foley Hoag, LLP., to the Supreme Court of the United States in the case of Gloucester County School Board v. G.G., by His Next Friend and Mother, Deirdre Grimm. The brief argues that the Court should reject the school board’s claim that privacy interests justify its discriminatory policy for three reasons. First, there is no basis for the creation of a new privacy right that justifies excluding transgender students from shared restrooms. Second, nothing in Title IX or its regulations supports the School Board’s claim that Congress created an unwritten privacy exception to Title IX. Finally, although not required by Title IX or its regulations, schools that wish to enhance students’ privacy in restrooms can use readily available non-discriminatory means to do so that do not violate Title IX.

Keywords: Sex Discrimination, Gloucester County School Board, United States, Supreme Court, Constitutional Rights, Transgender

Suggested Citation

Levi, Jennifer and Minter, Shannon Price and Richlin, Dean, Brief of Amici Curiae GLBTQ Legal Advocates & Defenders et al. in Support of Respondent in Gloucester County School Board v. G.G., SJC 16-273 (March 2, 2017). Available at SSRN: https://ssrn.com/abstract=2953010 or http://dx.doi.org/10.2139/ssrn.2953010

Jennifer Levi (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

Shannon Price Minter

National Center for Lesbian Rights ( email )

870 Market Street Suite 370
San Francisco, CA 94102
United States

HOME PAGE: http://www.nclrights.org

Dean Richlin

Foley Hoag LLP ( email )

155 Seaport Boulevard
Boston, MA 02210-2600
United States

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