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We Stand With Ash Against Transphobia in School

By: Alexandra Brodsky, FellowPosted on January 31, 2017 Issues: Education & Title IX

Ash and his mother Melissa (Photo Credit: Transgender Law Center)

Yesterday, we filed an amicus brief, or “friend of the court brief,” in Whitaker v. Kenosha Unified School District, a case brought by a transgender boy named Ash whose Wisconsin school won’t respect his gender identity. Ash’s school kept him out of the boys’ restroom and refused to use his right name and pronouns, causing physical and psychological injuries. The lawsuit was filed by our friends at the Transgender Law Center and Relman, Dane, and Colfax PLLC.

In our brief, co-authored by Mayer Brown LLP, we explain why anti-trans discrimination is a form of sex discrimination prohibited by the federal civil rights law Title IX. We also provide historical context for the bigoted claim that transgender students must be excluded from the restrooms and locker rooms that accord with their gender identity in order to “protect” cisgender women and girls. Opponents of civil rights have often used these kinds of disingenuous concerns to keep women out of the workplace, justify racist segregation, and, just this past week, to exclude Muslim refugees from our country.

You can read a copy of the brief here.

Gender should never pose an obstacle to a student’s opportunity to learn and thrive. That’s why we’re proud to fight for transgender students facing discrimination because of their identity. If you need help fighting transphobia or other forms of sex discrimination in school, reach out. We’re here to help.

It's time for change, and we must act now. Time's up.