Linklaters and Branstetter, Stranch, & Jennings PLLC, on behalf of the two students, argues that the so-called “bathroom bill” passed by Tennessee lawmakers earlier this year, violates both Title IX — the 1972 law prohibiting sex-based discrimination in federally-funded education programs — and the students’ right to equal protection and due process under the law, as guaranteed by the U.S.
Constitution.Under the bill, public schools must provide a “reasonable accommodation” to any students who do not wish to use multi-occupancy facilities — regardless of their gender identity — while maintaining a general policy of segregating facilities (or sleeping assignments, in terms of school-sponsored field trips) based on a student’s assigned sex at.
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