PARENTS FOR PRIVACY; Jon Golly; Kris Golly, individually and as guardians ad litem for A.G.; Nicole Lillie; Melissa Gregory, individually and as guardian ad litem for T.F.; Parents Rights in Education, an Oregon nonprofit corporation; Lindsay Golly, Plaintiffs-Appellants,
v.
William P. BARR, Attorney General; Betsy DeVos; U.S. Department of Education; United States Department of Justice; Dallas School District No. 2, Defendants-Appellees,
Basic Rights Oregon, Intervenor-Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 11, 2019 Portland, Oregon.
Dennis Fan (argued) and Marleigh D. Dover , Appellate Staff; Billy J. Williams , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees William P. Barr, Betsy DeVos; U.S. Department of Education, and United States Department of Justice.
Blake H. Fry (argued) and Peter R. Mersereau , Mersereau Shannon LLP, Portland, Oregon, for Defendants-Appellees Dallas School District No. 2.
Wesley R. Powell , Mary Eaton , and Patricia O. Haynes , Willkie Farr & Gallagher LLP, New York, New York; Arthur L. Coleman , Education Counsel LLC, Washington, D.C.; for Amici Curiae National PTA, GLSEN, American School Counselor Association, and National Association of School Psychologists.
Devi M. Rao , Jenner & Block LLP, Washington, D.C.; Andrew G. Sullivan , Jenner & Block LLP, Los Angeles, California; for Amici Curiae American Academy of Pediatrics, American Medical Association, American Public Health Association, and 13 Other Medical, Mental Health, and Other Health Care Organizations.
Cynthia Cook Robertson , Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.; Tara L. Borelli , Lambda Legal Defense and Education Fund Inc., Atlanta, Georgia; Richard M. Segal and Nathaniel R. Smith , Pillsbury Winthrop Shaw Pittman LLP, San Diego, California; Robert C.K. Boyd and William C. Miller , Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.; Peter C. Renn , Lambda Legal Defense and Education Fund Inc., Los Angeles, California; for Amici Curiae School Administrators from Thirty States and the District of Columbia.
George G. Gordon , Ryan M. Moore , and Thomas J. Miller , Dechert LLP, Philadelphia, Pennsylvania; Steven M. Freeman , Kimberley Plotnik , David Barkey , and Melissa Garlick , Anti-Defamation League, New York, New York; for Amici Curiae Anti-Defamation League; Americans United for Separation of Church and State; Bend the Arc Jewish Action; Central Pacific Conference of the United Church of Christ; Corvallis-area Lavender Women; Greater Seattle Business Association; Hadassah, The Women's Zionist Organization of America, Inc.; Human Rights Campaign; Jewish Council for Public Affairs; Jewish Federation of Greater Portland; Keshet: For LGBTQ Equality in Jewish Life; National Center for Transgender Equality; National Center for Youth Law; National Council of Jewish Women; National Queer Asian Pacific Islander Alliance; OCA — Asian Pacific American Advocates; People For the American Way Foundation; Public Counsel; South Asian Americans Leading Together; Union for Reform Judaism; and Central Conference of American Rabbis.
Before: A. Wallace Tashima, Susan P. Graber, and John B. Owens, Circuit Judges.
OPINION
TASHIMA, Circuit Judge:
This case concerns whether an Oregon public school district may allow transgender students to use school bathrooms, locker rooms, and showers that match their gender identity rather than the biological sex they were assigned at birth. Plaintiffs oppose the school district's policy, asserting that it violates...
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