FOR IMMEDIATE RELEASE

December 1, 2000

Appeals Court Agrees: Transgender Student May Remain in School

A single justice of the Massachusetts Appeals Court yesterday upheld a Superior Court judge’s order that allows a transgender Brockton student who is biologically male to attend school wearing girls’ clothing.  The ruling is consistent with the guidance of mental health professionals who have said it is medically necessary for the student to be able to express her female gender identity.

“We are very pleased with the decision,” commented Gay & Lesbian Advocates & Defenders staff attorney Jennifer Levi who represents Pat Doe.  “Two courts have now recognized the importance of a transgender student being allowed to express her gender identity at school even though she might not match the stereotyped expectations that people have about the appropriate gender expression of boys and girls.”

The student, who has been attending school for nearly three weeks under the lower court’s order, has been embraced by friends and teachers.  Levi commented, “Unfortunately, we know that transgender students, like other minority students, are often regarded as disruptive only as a result of a lack of understanding about gender and difference, not because of the student’s behavior.  This student and her family continue to hope that the school will learn about the needs of transgender students and will work to ensure that she can be comfortably and safely integrated into the educational programs that should be available to all students. Students at the school seem to understand this.  We hope the school administrators can, too.”

The case was brought against the Brockton School Department when the school prohibited Pat from attending school wearing what the principal considered to be girls’ clothing. This exclusion from school followed nearly two years of disciplinary action against Pat for wearing girls’ clothing, starting from the time she began to identify as transgender. The term transgender is used to describe people whose gender identity, meaning a person’s internal, deeply felt sense of being either male or female, is not consistent with their anatomical sex at birth.

Founded in 1978, Gay & Lesbian Advocates & Defenders (GLAD) is New England’s leading legal rights organization for lesbians, gay men, bisexuals and people with HIV. GLAD’s mission is to achieve full equality and justice for all individuals in these groups, primarily through impact litigation and education.