Following the U.S. Supreme Court’s decision to send the case of Gavin Grimm back to the lower court for reconsideration, the ACLU of Georgia reminded Georgia public schools and higher education institutions that Title IX and the Constitution protect transgender students from discrimination -- regardless of the Trump administration’s decision to rescind its guidance.

“While we are disappointed that Gavin’s case won’t be heard by the U.S. Supreme Court this year, it’s important to note that this decision does not change the basic legal protections that transgender students have under Title IX or the Constitution,” said ACLU of Georgia Executive Director Andrea Young. “Discriminating against someone because of their gender is wrong - whether it comes in the form of denying a female student the ability to play sports or denying a transgender student the right to use the bathroom that corresponds with their gender identity.  The ACLU of Georgia will continue to fight to protect the rights of all transgender students to learn in a safe environment free from discrimination.”

The case, filed by American Civil Liberties Union and the ACLU of Virginia, involves a transgender student named Gavin Grimm who challenged the Gloucester County School Board’s discriminatory bathroom policy that segregates transgender students from their peers. The policy effectively expels trans students from communal restrooms and requires them to use “alternative private” restroom facilities.

The U.S. Supreme Court today sent the case back to the Fourth Circuit Court of Appeals to be reconsidered in light of the Trump administration’s decision to roll back Title IX guidance clarifying protections for transgender students.

However, even without the guidance, many courts have already recognized that Title IX and the Constitution protect transgender students and will continue to do so.   Although the Obama administration’s guidance in interpreting Title IX has been revoked, the ACLU is confident that courts will interpret Title IX to provide protections for Gavin and other students like him.

The ACLU of Georgia fully supports this national fight for transgender rights, and is fighting for the same rights locally. In a recent Georgia Court of Appeals ruling,  ACLU of Georgia helped score a victory for the transgender community by exposing discrimination towards transgender people who wanted to change their name.