On October 20, 2017 the ACLU, the ACLU of Maryland, and Free State Justice intervened on behalf of James van Kuilenburg, a transgender student, in the case Smith v. Board of Education of Frederick County to defend a Maryland school board’s policies that prevent discrimination, harassment, and stigmatization of transgender and gender nonconforming students in the school system.

            The lawsuit filed against the Frederick County School Board was filed anonymously by a non-transgender student and her mother, who claimed that allowing transgender students restroom and locker room access infringes upon student privacy rights. However, the only privacy violation alleged in the plaintiff’s complaint was an incident that did not even involve any students that are transgender. The lawsuit also sought to invalidate policies preventing harassment, and policies protecting the confidentiality and privacy of transgender students.

Status: Victory! Plaintiffs have voluntarily dismissed the case.

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