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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.

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