Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires students to use the restroom that matches their biological sex and disregards their gender identity is both a violation of Title IX and of the Equal Protection Clause.
Alexandra A. Harriman,
Putting the Restroom Debate to Rest: Addressing Title IX and Equal Protection in G.G. ex rel. Grimm v. Gloucester County School Board,
Me. L. Rev.
Available at: http://digitalcommons.mainelaw.maine.edu/mlr/vol69/iss2/5