ACLU PA Statement on Boyertown

PHILADELPHIA - July 26, 2018  - Today, the Third Circuit panel that decided Doe v. Boyertown Area School District issued a revised opinion.  The revised opinion reiterates the conclusion that schools may treat transgender boys and girls like other boys and girls.  Ria Tabacco Mar, Senior Staff Attorney with the ACLU who argued the case, had the following statement:

"All twelve judges on the court agreed that Boyertown's practice of allowing transgender students to use restrooms and locker rooms that match their gender identity does not violate anyone's privacy.  Four judges said the court should not have addressed the separate question of whether Boyertown's practice is legally required by Title IX.  But they agreed that Boyertown's local school board had the right to allow transgender students to use facilities that match their gender identity.  

"Today's opinion, like the opinion issued last month, sends a powerful message of support to transgender students, who all too often experience discrimination, harassment, and violence because of their gender identity.  The court found that the school board had a compelling interest in protecting transgender students from these harms and promoting inclusion."

Revised opinion is here:  https://www.aclu.org/legal-document/doe-v-boyertown-area-school-district-revised-opinion

Order granting panel rehearing is here:  https://www.aclu.org/legal-document/doe-v-boyertown-area-school-district-order-granting-rehearing

Read more about the case:  https://www.aclu.org/cases/doe-v-boyertown-area-school-district