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Statement from General Counsel David Holmquist (12-12-18)
Contact: Shannon Haber (213) 241-6766
Dec. 12
Statement from General Counsel David Holmquist
In its December 11, 2018 meeting, the Los Angeles Unified School District’s Board of Education authorized Los Angeles Unified to file an amicus brief on behalf of a Northwest Oregon school district in Parents for Privacy et al. v. Dallas School District No. 2 et al., currently pending before the Ninth Circuit. At issue in the case is the Oregon school district’s “Student Safety Plan,” which is similar to Los Angeles Unified’s policy and California state law, allowing transgender students to participate in their education, and use restroom, locker rooms and shower facilities in accordance with their affirmed gender identities. Several current and former high school students from Oregon, along with their parents sued their school district, as well as state and federal officials, and challenged the legality of the plan. Essentially, the plaintiffs assert that the plan violates their religious freedoms, right to bodily privacy, and Title IX’s prohibition of sexual harassment in public education.
Although the Oregon state officials were dismissed from the lawsuit, they will join Los Angeles Unified in preparing amicus curiae (or “friends of the court”) briefs. Basic Rights Oregon, a non-profit organization dedicated to protecting the rights of Oregon’s LGBTQ community, also intervened in the litigation and, along with the defendants, filed a motion to dismiss the plaintiffs’ claims. The plaintiffs are currently appealing trial court’s decision to dismiss the lawsuit and the matter is before the Ninth Circuit court of appeals, which is the federal appellate district also serving California.
Los Angeles Unified’s Board of Education filed an amicus brief because of its broad longstanding experience in accommodating transgender students and success with similar policies. Los Angeles Unified believes that its experience can assist the parties in the litigation understand the issues more clearly and help dissuade erroneous, preconceived notions about such policies. Los Angeles Unified has had its transgender affirming policy in place since successful implementation in 2005 and considers it a vital means of protecting the rights and dignity of students.
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