Tuesday, November 1, 2016

From ScotusBlog: Gloucester County School Board v. G.G.

The court has decided to take up the case involving the transgender student in Virginia, but will not concern itself with equal protection issues.

It's going to be much more boring.

- Click here for the article.

Issue: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.

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