The United States Department of Justice has said in a court filing that transgender students must be allowed to use the restroom that corresponds to their gender identity.
The filing is in response to a federal lawsuit brought against Gloucester County School Board by the ACLU on behalf of a 16 year old transgender student named Gavin who wanted to be allowed to use the boys’ restroom. According to the lawsuit, Gavin had used communal restrooms without any problem until his school adopted a policy requiring transgender students to use a private restroom.
Importantly, the filing states that denying transgender students the right to use the bathroom that matches their gender identity is comparable to sex discrimination under Title IX of the US Education Amendments of 1972.
The filing reads, ‘The United States has a significant interest in ensuring that all students, including transgender students, have the opportunity to learn in an environment free of sex discrimination and that the proper legal standards are applied to claims under Title IX.’
Read the complete filing online.