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.

A newly enacted Montana law, HB 121, bars transgender and intersex people from using restrooms and other sex-separated facilities that correspond to their gender identity in public spaces. In doing so, HB 121 seeks to undermine transgender and intersex people’s personhood and ability to participate in public life. Together with the ACLU of Montana and Legal Voice, the ACLU’s State Supreme Court Initiative filed this lawsuit on behalf of a group of transgender and intersex Montanans challenging HB 121 as violating numerous provisions of the Montana Constitution.

Lonnie Billard worked at Charlotte Catholic High School for more than a decade – both as full-time drama and as a long-term substitute teacher – and has won numerous teaching awards, including teacher of the year. In October 2014, Lonnie wrote a Facebook post announcing that he and his long-time partner were getting married. Later that year, the school told Lonnie he could no longer work as a substitute teacher because his engagement and marriage to another man was contrary to the religious principles of the Catholic Church.

On April 11, 2024, the ACLU, ACLU of Southern California, ACLU of Northern California, and ACLU of San Diego & Imperial Counties filed an amicus brief with the California Court of Appeal, Fifth Appellate District supporting the California Civil Rights Department’s appeal of a lower court judgment finding that a bakery owner did not violate the California public accommodations law when she refused to sell a wedding cake to a same-sex couple.