In re G.G.

Case Name: In re G.G.

Type of Case: Federalism; Regulatory Overreach

Court: United States Supreme Court

Case Number: 16-273

Current Status: Mooted by new Trump administration guidance

In response to an emailed question, a low-level bureaucrat in the U.S. Department of Education issued a letter requiring schools across the nation to allow students to use whatever bathroom that aligned with their chosen gender identity.  If schools did not follow that requirement, they could lose their federal funding.  A legal dispute over that letter developed in the Gloucester County School District in Massachusetts, which made its way to the U.S. Supreme Court.

While we take no position on the best way for schools to address the issue of transgender children, we do object to bureaucrats re-interpreting federal statutes.  Title IX forbids discrimination on the basis of “sex,” which was intended to be and always has been interpreted as meaning biological sex at birth.  Furthermore, we object to unelected bureaucrats imposing new conditions on federal funds without using the proper rule-making procedures.  We filed an amicus brief to fight against federal interference with what is purely a local issue.  Before the Court decided the case, the Trump administration rescinded the guidance.

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