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Attorney General Frosh Joins Supreme Court Amicus Brief in Transgender Rights Case

March 3rd, 2017 by WCBC Radio

BALTIMORE, MD (March 3, 2017) – Maryland Attorney General Brian E. Frosh joined an amicus brief filed with the U.S. Supreme Court and signed by 19 Attorneys General, in support of a transgender student – known as G.G. – who is suing the Gloucester County School Board for discrimination. The Attorneys General argue that discrimination on the basis of gender identity causes real and significant harm to both transgender people and the states themselves.

The Supreme Court is scheduled to hear the case, Gloucester County School Board v. G.G., on March 28th, looking at whether the Gloucester County School Board’s policy prohibiting transgender boys and girls from using restrooms that other boys and girls use discriminates against transgender students on the basis of sex, in violation of Title IX.

Including Maryland, the amicus brief was signed by a total of 19 Attorneys General: California, Connecticut, Delaware, Hawai‘i, Illinois, Iowa, Maine, Massachusetts, New Hampshire, New Mexico, New York, Pennsylvania, Oregon, Rhode Island, Virginia, Vermont, and the District of Columbia, and Washington. 

Read the brief here.

“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,” the brief states.

Additionally, the amici States write, it’s critical that entities receiving Title IX funds, like Gloucester County schools, not be allowed to discriminate in this way – which could open the door to denying transgender people equality in other ways and places.

The amicus brief follows other steps taken by Attorney General Frosh including the establishment of a hate incident hotline late last year to report instances of unlawful harassment or intimidation.  Additionally, MSDE’s Guidelines for Gender Identity Non-Discrimination remain unchanged following newly issued guidance from USDE and DOJ concerning the primary role of the States and local school systems in dealing with discrimination against transgender students.

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