Federal appeals court blazes trail in transgender student case
Last month, in G.G. v. Gloucester County School Board, the U.S. Fourth Circuit Court of Appeals issued a landmark ruling holding that the federal law prohibiting sex discrimination prohibits discrimination against transgender students. The U.S. Department of Education had issued its formal interpretation of Title IX and its regulations and held that “when a school elects to separate or treat students differently on the basis of sex ... a school generally must treat transgender students consistent with their gender identity.” The appeals court held that it must defer to the agency’s interpretation of the law because the interpretation is reasonable and the law itself is ambiguous on the issue of transgender students. The decision sets federal legal precedent for Maryland, Virginia, West Virginia, North Carolina, and South Carolina.