Chicago — Attorney General Lisa Madigan today filed an amicus brief in the U.S. Supreme Court in support of a transgender student — known as G.G. — who is suing the Gloucester County School Board in Virginia for its policy prohibiting transgender boys and girls from using restrooms that match their gender identity. The attorneys general argue the policy discriminates against transgender students on the basis of sex in violation of Title IX, causing real and significant harm to both transgender people and the states themselves.
In part, the brief states:
"The amici States' shared experience demonstrates that protecting transgender people from discrimination benefits all members of the public. And contrary to the petitioner's claims, our shared experience demonstrates that protecting the civil rights of transgender people — including by allowing them access to common restrooms consistent with their gender identity — creates no public safety or personal privacy threat and imposes no meaningful financial burden."
Additionally, Madigan and the states said it's critical that organizations like a school board not be allowed to discriminate in this way, as it could open the door to denying transgender people equality in other ways and places. They also emphasize that many states, including Illinois, have laws in place that protect the rights of transgender students.
In addition to the amicus brief, Attorney General Madigan has condemned the recent actions by the U.S. Departments of Justice and Education rescinding federal guidance that set out protections for transgender students across the country from discrimination and harassment. Last week, Madigan held a summit on hate crimes in light of the recent federal executive actions on immigration with local civil rights leaders, including the significant problem of hate crimes against the transgender community. The summit included participants from the Center on Halsted, Chicago Commission on Human Relations, Chicago Lawyers' Committee, Equality Illinois, Illinois Safe Schools Alliance, Lambda Legal and the Transformative Justice Law Project of Illinois, among others.
The Supreme Court is scheduled to hear the case, Gloucester County School Board v. G.G., on March 28.
Joining Madigan in filing the amicus brief were attorneys general from: California, Connecticut, Delaware, Hawaii, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New York, Pennsylvania, Oregon, Rhode Island, Virginia, Vermont, Washington and the District of Columbia.
A copy of the amicus brief can be found at the link: www.illinoisattorneygeneral.gov/pressroom/2017_03/16_273_bsac_states.pdf.