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J.A.W. v. Evansville Vanderburgh School Corp

Case Concerning Restroom Access for Transgender Students

Key Date: August 3, 2018
Status: Pending before District Court
Legal Team: ACLU of Indiana
Type: Discrimination Targeting Transgender Students

Case Overview:

J.A.W.  v. Evansville Vanderburgh School Corp is a case concerning discrimination based on gender identity or expression in schools. A school in Indiana is refusing to respect the gender identity of transgender students, including a young transgender male, identified as J.A.W.

This case is about respecting transgender students for who they are and is a part of the growing legislative and legal momentum against restricting restroom access for transgender Americans.

In 2017 the U.S. Court of Appeals for the 7th Circuit ruled that public schools that discriminate against transgender students based on their gender identity – for example, prohibiting their access to restrooms in line with their gender identity – violate Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex.

The case is being led by the ACLU of Indiana.

Latest in the Case:

The plaintiff’s motion for preliminary injunction, to prevent the school district from restricting JAW’s access to the boys’ restroom and locker room facilities pending trial, was granted on August 3.

Case History:

  • February 22, 2018: Case filed in United States District Court for the Southern District of Indiana on behalf of a 17-year-old boy whose school refused to allow him to use the boys’ restroom because he is transgender.
  • March 20, 2018: Defendant Evansville Vanderburgh School Corp. files a Motion to Dismiss.
  • April 10, 2018: The plaintiff files a Motion for Preliminary Injunction, asking that the defendant not be allowed to enforce its rule restricting the plaintiff’s access to the boys’ restroom at school pending resolution of the case.
  • June 5, 2018: Judge William T. Lawrence denies the defendant’s Motion to Dismiss.
  • July 20, 2018: Hearing on plaintiff’s request for preliminary injunction held in District Court.
  • August 3, 2018:  Judge Lawrence grants the plaintiff’s motion for a preliminary injunction and orders the defendant to allow the plaintiff “to use the boys’ restrooms within the schools and other buildings” of the defendant.

Last Updated August 5, 2018


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