Supreme Court Term 2025-2026

Thousands of school districts across the country operate with nondiscrimination policies inclusive of their transgender students, including the legal right for these students to access facilities (bathrooms, locker rooms, etc.) consistent with their gender identity. These policies help protect transgender students from harassment, being isolated from their peers, and thrive in a learning environment that believes in their fundamental rights.

Jesse Hammons was denied a commonly performed medical procedure at the University of Maryland St. Joseph Medical Center because he is transgender. The taxpayer-owned hospital claims that providing Hammons with medical care would be a violation of their religious beliefs.

Becky is a student in West Virginia who is starting high school. Three years ago, as Becky was preparing to begin middle school, West Virginia passed a law categorically banning transgender girls from participating in all school sports. Becky loves being part of a team and wanted to be able to participate in cross-country and track and field with her friends. She sued, arguing that West Virginia's law violated the Constitution and Title IX as applied to her, especially because she has received medication from the onset of puberty and has never experienced any physiological changes associated with puberty for boys. As a result of an injunction issued by the lower courts, she has been able to participate in middle school cross-country and track and field for the past three years. Becky and her mother are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.

On January 24, 2024, the ACLU and ACLU of Florida filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit supporting HM Florida-ORL, which operates the restaurant and bar Hamburger Mary’s in Orlando, in its lawsuit alleging that a Florida law infringes upon minors’ First Amendment rights by prohibiting them from attending drag performances.