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Sex Discrimination-Title IX

By: WISCONSIN LAW JOURNAL STAFF//August 7, 2023//

Sex Discrimination-Title IX

By: WISCONSIN LAW JOURNAL STAFF//August 7, 2023//

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7th Circuit Court of Appeals

Case Name: A.C. v. Fred Kutruff

Case No.: 22-1786

Officials: Easterbrook, Wood, and Lee, Circuit Judges.

Focus: Sex Discrimination-Title IX

Three transgender boys filed a lawsuit after being denied access to the boys’ bathrooms at their school. They brought their case against the school districts and the principals, claiming sex discrimination under Title IX of the Education Amendments Act of 1972 and the Equal Protection Clause of the Fourteenth Amendment. Seeking immediate action, the boys requested preliminary injunctions to compel the schools to allow them access to the boys’ bathrooms. Additionally, two of the boys sought access to the boys’ locker rooms for changing during gym class. The district courts granted the requested preliminary injunctions.

Upon review, the Seventh Circuit upheld the district courts’ decisions, acknowledging the ongoing litigation concerning transgender rights across the nation. The appellate court recognized that the Supreme Court might eventually provide more comprehensive guidance on this issue. Nevertheless, the district courts had appropriately adhered to the precedents set in the Circuit, ensuring the injunctions were specifically tailored to the facts of the case. The Seventh Circuit found no evidence of an abuse of discretion in considering the equities and the public interest. Furthermore, the records only presented speculative potential harms, which were deemed insufficient to outweigh the need for the injunctions.

Affirmed

Decided 08/01/23

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