Seventh Circuit Rules Against School District in Transgender Discrimination Case

The Seventh Circuit has affirmed a preliminary injunction enjoining a school district from preventing a transgender boy to use the men’s room at his high school. The school district had argued that the student was unlikely to succeed on the merits because transgender status is neither a protected class under Title IX of the Educational Amendments Act of 1972 nor is it entitled to heightened scrutiny. The Seventh Circuit disagreed that the plaintiff was unlikely to succeed on the merits. The court noted that other courts, including the Tenth Circuit and some district courts, have taken the opposite view on this issue.

Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.

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