Filed Date: March 28, 2025
Case Ongoing
Clearinghouse coding complete
This case challenged the Greenville, South Carolina library system’s alleged purging of positive portrayals of transgender or gender non-conforming people. The plaintiffs were a group of four minors who lived in Greenville, South Carolina and brought their claims through their parents. One of those plaintiffs was a 17-year old transgender boy who represented the “Juvenile & Young Adult Class,” which consisted of all minor, transgender library patrons who lacked adult library cards. Another plaintiff was a 12-year old girl who identified as queer and represented the “Unrestricted Library Card Class,” which consisted of all LGBTQ-identifying library patrons who had adult or juvenile non-restricted library cards. The plaintiffs filed their complaint on March 28, 2025 in the U.S. District Court for the District of South Carolina, and they asked the court to certify both classes under Fed. R. Civ. P. 23(b).
The plaintiffs brought four claims against the defendants, which were Greenville County, South Carolina and two officials of the county’s library system. First, they claimed that two amendments to the library’s collection policy violated the first amendment because they constituted viewpoint-based discrimination. Those amendments provided that books with transitioned or transitioning characters in the children’s and teen’s sections would be moved to the adult sections. Second, the plaintiffs claimed that those same two amendments violated the Equal Protection Clause of the Fourteenth Amendment because they facially classified materials for exclusion based on sex and transgender status. Third, they claimed that the library system’s ongoing custom and practice of suppressing, excluding, relocating, and removing LGBTQ-related materials violated the First Amendment because it constituted viewpoint discrimination. Finally, they claimed that the library’s widespread anti-LGBTQ practices violated the Equal Protection Clause of the Fourteenth Amendment because they subjected LGBTQ patrons to unequal treatment by infringing on their ability to access materials positively reflecting themselves and inflicted dignitary harm and unconstitutional stigma. The plaintiffs sought declaratory and injunctive relief, nominal damages in the amount of $1.00 for each violation of plaintiffs’ constitutional rights, and reasonable costs and attorneys’ fees.
Summary Authors
Connor Mulvena (4/2/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69812559/parties/or-v-greenville-county-south-carolina/
Coggins, Donald Cecil (South Carolina)
Jr, David Allen (South Carolina)
See docket on RECAP: https://www.courtlistener.com/docket/69812559/or-v-greenville-county-south-carolina/
Last updated May 10, 2025, 9:36 p.m.
State / Territory: South Carolina
Case Type(s):
Key Dates
Filing Date: March 28, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiffs are a group of minors who brought this suit through their parents. They seek to represent two classes-- one which consists of minor, transgender library patrons without an adult library card and another which consists of all LGBTQ-identifying library patrons with a library card.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Greenville County, South Carolina (Greenville), County
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Basis:
LGBTQ+: