Case: Board of Education of the Highland Local School District v. U.S. Department of Education

2:16-cv-00524 | U.S. District Court for the Southern District of Ohio

Filed Date: June 10, 2016

Closed Date: Sept. 30, 2021

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Case Summary

This is a case about a transgender student’s ability to access the bathroom of her choice. On June 10, 2016, the Board of Education of the Highland Local School District sued the U.S. Department of Education (DOE) in the U.S. District Court for the Southern District of Ohio. The board sought an injunction preventing the DOE from enforcing Title IX’s antidiscrimination provisions after one of its schools was found to be in violation of Title IX for refusing to let a transgender student use the b…

This is a case about a transgender student’s ability to access the bathroom of her choice. On June 10, 2016, the Board of Education of the Highland Local School District sued the U.S. Department of Education (DOE) in the U.S. District Court for the Southern District of Ohio. The board sought an injunction preventing the DOE from enforcing Title IX’s antidiscrimination provisions after one of its schools was found to be in violation of Title IX for refusing to let a transgender student use the bathroom of her choice. The board, represented by the Alliance Defending Freedom, brought an Administrative Procedures Act claim under 5 U.S.C. §§ 702-06 seeking declaratory and injunctive relief, as well as attorneys’ fees. The case was before Judge Algenon L. Marbley. 

On July 21, 2016 the transgender student who was denied access to the bathroom of her choice filed a motion to intervene pseudonymously as a third-party plaintiff, which the court granted on August 15, 2016. Immediately after, on August 16, 2016, the student filed a motion for a preliminary injunction, seeking to compel her school to permit her to use the bathroom of her choice. On September 26, 2016, the district court granted the student’s motion and compelled the school to “treat [the student] as a girl and treat her the same as other girls” including using her female pronouns and permitting her to use the girl’s restroom. 208 F.Supp.3d 850. On the same day, the board appealed the decision to the U.S. Court of Appeals for the Sixth Circuit and moved to stay the injunction pending appeal.  

On December 15, 2016, the Sixth Circuit denied the board’s request. The court first reasoned that the board was unlikely to succeed on the merits since circuit precedent prohibits discrimination based on transgender status. Moreover, the court reasoned that the board failed to allege injuries that rise to the level of irreparable harm as required to support reversing the injunction. Finally, the court reasoned that the public interest weighed against staying the injunction; the injunction was issued to protect the student’s constitutional and civil rights, two goals that are always in the public interest. 845 F.3d 217.

On December 26, 2016, the parties filed a joint stipulation to stay district court proceedings until the Sixth Circuit had ruled on the merits of the case, which the district court adopted three days later on December 29, 2016. During the following months, the parties engaged a mediator and, as a result of fruitful discussions, moved to dismiss the appeal, which the Sixth Circuit granted on April 7, 2017. Although the parties did not voluntarily dismiss the case at the district court until September 10, 2019, no important developments were publicly noted on the docket in the intervening two years. The case was terminated on September 30, 2021. 

Summary Authors

Alex Levin (12/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363862/parties/board-of-education-of-the-highland-local-school-district-v-us-department/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Amdur, Spencer E. (Ohio)

Berwick, Benjamin L. (Ohio)

Burton, Andrew J (Ohio)

Campbell, James A. (Ohio)

Connelly, Kenneth J. (Ohio)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:16-cv-00524

Verified Complaint For Declaratory And Injunctive Relief

June 10, 2016

June 10, 2016

Complaint
95

2:16-cv-00524

Opinion And Order

Sept. 26, 2016

Sept. 26, 2016

Order/Opinion

208 F.Supp.3d 580

16-04117

New Document

Dodds v. United States Department of Education

U.S. Court of Appeals for the Sixth Circuit

Dec. 15, 2016

Dec. 15, 2016

Order/Opinion

845 F.3d 217

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363862/board-of-education-of-the-highland-local-school-district-v-us-department/

Last updated Dec. 22, 2024, 12:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Ohio

Case Type(s):

Public Accommodations/Contracting

Child Welfare

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: June 10, 2016

Closing Date: Sept. 30, 2021

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff is the Board of Education for Ohio's Highland school district. Third-party intervening plaintiff is a student in the Highland local school district.

Plaintiff Type(s):

City/County Plaintiff

Private Plaintiff

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Education (Washington, D.C.), Federal

Board of Education of the Highland Local School District (Medina, Highland), School District

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General/Misc.:

Bathrooms

Education

Juveniles

School/University Facilities

School/University policies

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+