Raúl Torrez | Attorney General

Attorney General Balderas Files U.S. Supreme Court Brief in Transgender Rights Case

 FOR IMMEDIATE RELEASE: March 3, 2017

Contact: James Hallinan (505) 660-2216

Santa Fe, NM – Attorney General Hector Balderas filed a brief with the United States Supreme Court last night in support of a transgender student – known as G.G. – who is suing the Gloucester County School Board for discrimination. Attorney General Balderas is asking the United States Supreme Court to recognize protections for transgender students under federal education law. Protections based on gender identity already exist in New Mexico law under our state’s Human Rights Act. The brief argues that discrimination on the basis of gender identity causes real and significant harm to both transgender people and the states themselves.

“Transgender children should feel safe and protected in their schools just like any other children, it’s that simple.” said Attorney General Balderas. “The Office of the Attorney General will aggressively enforce the rule of law to protect the health, safety, and welfare of New Mexicans; and no government entities, including schools, should discriminate against any individual based on gender identity.”

The United States Supreme Court is scheduled to hear the case, Gloucester County School Board v. G.G., on March 28th, looking at whether the Gloucester County School Board’s policy prohibiting transgender boys and girls from using restrooms that other boys and girls use discriminates against transgender students on the basis of sex, in violation of Title IX.

The amicus brief was signed by a total of 19 attorneys general: New York, Washington, California, Connecticut, Delaware, Hawai‘i, Illinois, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, Pennsylvania, Oregon, Rhode Island, Virginia, Vermont, and the District of Columbia.

“The amici States’ shared experience demonstrates that protecting transgender people from,discrimination benefits all members of the public. And contrary to the petitioner’s claims, our, shared experience demonstrates that protecting the civil rights of transgender people—including by allowing them access to common restrooms consistent with their gender identity—creates no public safety or personal privacy threat and imposes no meaningful financial burden,” the brief states.

Additionally, the amici States write, it’s critical that entities receiving Title IX funds, like Gloucester County schools, not be allowed to discriminate in this way – which could open the door to denying transgender people equality in other ways and places.

See attached to read the full brief.
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Raul Torrez

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