Max Brennan (“M.A.B.”) is a 15-year-old female who identifies as a transgender boy. Brennan, who attends high school at St. Michaels Middle High School in Talbot County, Maryland, filed a lawsuit in federal court against the high school in July 2016 seeking access to sex-segregated facilities for boys at the high school.
On March 12, 2018, U.S. District Court of Maryland Judge George L. Russell, III issued a ruling in M.A.B. v. Board of Education of Talbot County holding that “M.A.B.’s claims come down to a boy asking his school to treat him just like any other boy. This Court finds that Title IX and the Equal Protection Clause provide M.A.B. grounds to do so.”
However, the court denied Brennan’s Motion for Preliminary Injunction seeking “to allow him to use the High School boys’ locker room on the same terms as other male students” because the court found “that M.A.B. has not sufficiently shown that he faces irreparable harm without preliminary relief before the Court issues a decision on the merits. … Because M.A.B. is not enrolled in physical education for the current school year, the harm he asserts is not ‘actual and imminent.'”
Read the decision in full here.