Litigation Chronology Regarding Transgender Students’ Access to Sex-Segregated Facilities

Johnston v. Univ. of Pittsburgh of the Commonwealth Sys. of Higher Educ.

  • United States District Court for the Western District of Pennsylvania
  • 97 F. Supp. 3d 657  Johnston Decision
  • Factual Background: transgender male student sought use of sex-segregated restrooms and locker rooms designated for men at the university
  • 3/31/15 District Court Decision: student’s claims against the university based upon Title IX and the Equal Protection Clause were dismissed
  • Current Status: case was terminated on 3/30/16 due to settlement reached while student’s appeal to the Third Circuit Court of Appeals was pending

G.G. v. Gloucester County Sch. Bd.

  • Factual Background: transgender male student seeks use of boy’s restroom at the school district
  • 9/17/15 District Court Decision: student’s motion for preliminary injunction was denied, and his Title IX claim was dismissed (District Court has not yet addressed the student’s Equal Protection claim)
  • Current Status: student appealed the denial of the preliminary injunction to the Fourth Circuit Court of Appeals (see below); the District Court matter is presently stayed during the pendency of the appeal 

G.G. v. Gloucester County Sch. Bd.

  • Factual Background: transgender male student seeks use of boy’s restroom at the school district
  • 4/19/16 Circuit Court Decision: the District Court’s denial of the preliminary injunction was vacated, and the dismissal of the Title IX claim was reversed; the case was remanded back to the District Court which then granted the student’s motion for preliminary injunction
  • Current Status: the School Board’s appeal to the U.S. Supreme Court was permitted on 10/29/16; the case was remanded back to the Fourth Circuit Court of Appeals on 3/6/17; the parties’ opening briefs were filed on 5/8/17; amicus briefs have been filed since 5/15/17; and the parties’ reply briefs were filed on 6/2/17; oral argument before the Court of Appeals is tentatively scheduled for 9/12/17 – 9/15/17

Texas v. United States

  • United States District Court for the Northern District of Texas
  • 201 F. Supp. 3d 811   Texas Decision
  • Factual Background: the State of Texas argued that the interpretation of Title IX by the U.S. Departments of Education (“DOE”) and Justice (“DOJ”) as provided in a 5/13/16 Dear Colleague Letter (which required student access to sex-segregated facilities based upon gender identity) was unlawful
  • 8/21/16 District Court Decision: Texas’ motion for a preliminary injunction was granted, and the DOE and DOJ were prohibited from enforcing the 5/13/16 Dear Colleague Letter nationwide
  • Current Status: the case was terminated by the parties on 3/30/17 after the Trump Administration withdrew the 5/13/16 DOE/DOJ Dear Colleague Letter on 2/22/17

Carcańo v. McCrory

  • United States District Court for the Middle District of North Carolina
  • 203 F. Supp. 3d 614  Carcano Decision
  • Factual Background: two transgender students at UNC challenged North Carolina House Bill 2 which required public agencies to ensure that sex-segregated facilities be used by persons based upon their “biological sex” which was defined as the sex listed on their birth certificate
  • 8/26/16 District Court Decision: the students’ motion for a preliminary injunction was granted – the Court found that the students had shown that they were likely to succeed on their Title IX claim but had not shown that they were likely to succeed on their Equal Protection claim
  • Current Status: an appeal to Fourth Circuit Court of Appeals was voluntarily dismissed by the parties on 4/20/17 after House Bill 2 was repealed by House Bill 142 on 3/30/17; on 4/28/17, Plaintiffs indicated that they intend to file an Amended Complaint because, although House Bill 142 purports to repeal House Bill 2, House Bill 142 still discriminates against transgender individuals and perpetuates many of House Bill 2’s harms and stigmatization

Whitaker v. Kenosha Unified Sch. Dist. No. 1

  • Factual Background: transgender male student seeks use of the boy’s restroom at the school district
  • 9/22/16 District Court Decision: the student’s motion for a preliminary injunction was granted – the Court found that the student might succeed on his Title IX claim and had alleged sufficient facts to support his Equal Protection claim; the School District appealed the grant of the preliminary injunction to the Seventh Circuit Court of Appeals
  • 5/30/17 Seventh Circuit Decision: the Court of Appeals affirmed the District Court’s grant of preliminary injunctive relief in favor of the transgender student
  • Current Status: in the District Court, all discovery is stayed until 6/12/17 (the last day of school); the parties are to submit a modified scheduling order for the Court’s consideration by 6/27/17

Bd. of Educ. [of the Highland Local Sch. Dist.] v. U.S. Dep’t of Educ.

  • United States District Court for the Southern District of Ohio
  • 208 F. Supp. 3d 850  Highland Decision
  • Factual Background: transgender female student seeks use of girl’s restroom at the school district
  • 9/26/16 District Court Decision: the student’s motion for a preliminary injunction was granted – the Court found that the student is likely to succeed regarding both her Title IX claim and her Equal Protection claim
  • Current Status: the School District appealed the grant of the preliminary injunction to the Sixth Circuit Court of Appeals where the student’s brief is due on 6/19/17 and the District’s reply brief is due on 7/10/17; the District Court matter is now stayed pending a decision by the Court of Appeals

Contact Roger Foley at rwf@mbm-law.net or 412.242.4400 of our Litigation Team with any questions your district is facing.