Filed Date: June 10, 2016
Closed Date: Sept. 30, 2021
Clearinghouse coding complete
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)
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/
Amdur, Spencer E. (Ohio)
Berwick, Benjamin L. (Ohio)
Burton, Andrew J (Ohio)
Campbell, James A. (Ohio)
Connelly, Kenneth J. (Ohio)
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.State / Territory: Ohio
Case Type(s):
Public Accommodations/Contracting
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):
Attorney Organizations:
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):
Facility Type(s):
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):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Affected Sex/Gender(s):
LGBTQ+: