A.C. v. METROPOLITAN SCH. DIST. OF MARTINSVILLE

No. 22-1786, No. 22-2318.

75 F.4th 760 (2023)

A.C., a minor child BY his next friend, mother and legal guardian, M.C., Plaintiff-Appellee, v. METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE and Fred Kutruff, in his official capacity as Principal of John R. Wooden Middle School, Defendants-Appellants. B.E. and S.E., minor children by their next friend, mother and legal guardian, L.E., Plaintiffs-Appellees, v. Vigo County School Corporation and Principal of Terre Haute North Vigo High School, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2023.


Attorney(s) appearing for the Case

Kenneth J. Falk , Stevie J. Pactor , Attorneys, American Civil Liberties Union of Indiana, Indianapolis, IN, Megan Stuart , Attorney, Indiana Legal Services, Inc., Bloomington, IN, for Plaintiff-Appellee in No. 22-1786.

Philip R. Zimmerly , Jonathan L. Mayes , Mark Alan Wohlford , Attorneys, Bose McKinney & Evans, LLP, Indianapolis, IN, for Defendants-Appellants in No. 22-1786.

Kenneth J. Falk , Stevie J. Pactor , Attorneys, American Civil Liberties Union of Indiana, Indianapolis, IN, Megan Stuart , Attorney, Indiana Legal Services, Inc., Bloomington, IN, for Plaintiffs-Appellees in No. 22-2318.

Jonathan L. Mayes , Mark Alan Wohlford , Philip R. Zimmerly , Attorneys, Bose McKinney & Evans, LLP, Indianapolis, IN, for Defendants-Appellants in No. 22-2318.

Thomas M. Fisher , Attorney, Office of the Attorney General, Indianapolis, IN, for Amicus Curiae State of Indiana.

Cynthia Cook Robertson , Attorney, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, for Amicus Curiae School Administrators From Sixteen States and The District of Columbia.

Mark Stephen Grube , Attorney, Office of the Attorney General, New York, NY, for Amici Curiae State of New York, State of Washington, State of California, State of Colorado, and State of Connecticut.

Shannon Minter , Attorney, Christopher Stoll , National Center for Lesbian Rights, San Francisco, CA, Joseph John Wardenski , Attorney, Wardenski, P.C., New York, NY, for Amici Curiae Indiana Youth Group, Inc., and GLSEN.

Clifford Berlow , Attorney, Jenner & Block LLP, Chicago, IL, for Amici Curiae American Academy of Pediatrics, Indiana Chapter of The American Academy of Pediatrics, American College of Physicians, American Medical Association, and Endocrine Society.

Dimitri Portnoi , Attorney, O'Melveny & Myers LLP, Los Angeles, CA, for Amici Curiae Anti-Sexual Assault, Domestic Violence, and Gender-Based Violence Organizations.

Before Easterbrook, Wood, and Lee, Circuit Judges.


A.C., B.E., and S.E. are three boys with a simple request: they want to use the boys' bathrooms at their schools. But because the three boys are transgender, the districts said no. The boys sued the districts and the school principals, alleging sex discrimination in violation of Title IX of the Education Amendments Act of 1972...

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