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Thursday, September 19, 2024

Coalition files amicus brief against Oklahoma law on transgender student facility use

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta, alongside 17 other attorneys general, has filed an amicus brief in the Tenth Circuit Court of Appeals supporting transgender students' rights in the case of Bridge v. Oklahoma State Department of Education. The case challenges Oklahoma’s Senate Bill 615 (SB 615), which prohibits transgender students from using sex-separated school facilities consistent with their gender identity. After the Western District of Oklahoma dismissed the plaintiffs' case, three transgender students appealed to the Tenth Circuit.

Attorney General Bonta stated, “Legislation barring transgender students from accessing school facilities consistent with their gender identity is discriminatory, unlawful, and deeply appalling.” He urged the Tenth Circuit to reverse the district court's ruling to protect vulnerable student populations.

The coalition argues that SB 615 violates Title IX and the Equal Protection Clause and highlights the serious harms caused by discrimination based on gender identity. According to Bonta, “While some states seek to undermine vital protections like Title IX, California remains committed to advocating for increased safeguards amidst a growing wave of anti-LGBTQ+ rhetoric.”

SB 615 is part of a broader trend of legislation targeting transgender children across the U.S., affecting over 1.6 million people who identify as transgender, including approximately 300,000 youth aged 13-17. Transgender youth face higher levels of discrimination and harassment compared to their cisgender peers, leading to significant physical and mental health issues.

The coalition's amicus brief argues that SB 615:

- Violates the Equal Protection Clause by stigmatizing transgender students.

- Violates Title IX by denying equal access to common school facilities.

- Ignores benefits produced by inclusive laws without compromising privacy or safety.

Joining Attorney General Bonta in filing the brief are attorneys general from New York, Washington, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Oregon Rhode Island and the District of Columbia.

A copy of the amicus brief is available here.

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