Juliet Evancho; Elissa Ridenour; and A.S. v. Pine-Richland School District (USA)

On October 6, Lambda Legal filed a lawsuit against the Pine-Richland School District in Pennsylvania on behalf of three transgender students, alleging “the district’s implementation of a “sex-specific” policy requiring students to use restrooms that match the sex they were assigned at birth” constitutes discrimination and violates Title IX of the U.S. Education Amendments of 1972.  The new policy, which also offers students the option to use a unisex or private bathroom in the nurse’s office, narrowly passed and took effect in September, replacing an older policy that did not require students to use the bathroom intended for members of their sex.  On November 14, the Pine-Richland School District submitted a Motion to Dismiss, on the grounds that “the Plaintiffs have failed to state a Title IX Claim against the District upon which relief can be granted, and thus said claim should be dismissed with prejudice… Title IX provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” … The term “sex” as codified into the Title IX statute and accompanying regulations, refers to a fixed, binary and genetically-determined sex … and the irrefutable fact that we are a species of males and females.”  The motion emphasizes “Title IX also permits separate facilities to be maintained for the sexes.”
Pine-Richland sued over bathroom policy for transgender students — Pittsburgh Post-Gazette
Juliet Evancho; Elissa Ridenour; and A.S vs. Pine-Richland School District — Motion to Dismiss