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Jenner & Block lawyers submitted an amicus brief in Gloucester County v. G.G., a case that was scheduled to be argued to the US Supreme Court on March 28, 2017. The case was an appeal from a ruling of the US Court of Appeals for the Fourth Circuit allowing a transgender student who identifies as a boy to use the boys’ restroom in his Virginia high school. On March 6, 2017, the US Supreme Court decided not to hear the case at this time, vacating the Fourth Circuit’s judgment and remanding the case for further proceedings.
The brief, in support of the respondent G.G., was filed on behalf of 20 leading medical and mental health organizations representing hundreds of thousands of physicians and mental health professionals, tens of thousands of medical students, over one hundred thousand physician assistants and millions of nurses. Citing the medical consensus regarding transgender individuals and generally accepted treatment protocols for gender dysphoria, a condition that affects many transgender individuals, the brief argues that access to single-sex facilities corresponding to one’s gender identity is a critical aspect of treatment of the condition. By contrast, the brief asserts, excluding transgender individuals from facilities consistent with their gender identity undermines their treatment, exposes them to stigma and discrimination as well as potential harassment, harms their physical health and impairs their social development, contributing to poorer health outcomes throughout life.
Partner Scott B. Wilkens led the firm’s team in drafting the brief, assisted by Partner Erica Ross and Associates Nicholas W. Tarasen and Ben J. Brysacz. Senior Paralegal Cheryl L. Olson also made valuable contributions.
In August 2016, the firm won a preliminary injunction preventing the University of North Carolina from enforcing North Carolina’s House Bill 2 against three transgender plaintiffs. House Bill 2 effectively prohibits transgender North Carolinians from using restrooms or other facilities consistent with their gender identity in public buildings. Further trial court proceedings in that case have been stayed pending a decision in the Gloucester County case. Mr. Wilkens also leads the team in the House Bill 2 case, assisted by Partner Luke C. Platzer and Associates Mark P. Gaber, Lorenzo G. Di Silvio, Thomas D. Garza, Mr. Tarasen and Mr. Brysacz.