Sen. Al Franken standing next to a picture of Justin Aaberg on the Senate floor

Sens. Al Franken and Amy Klobuchar, and Reps. Rick Nolan, Keith Ellison, Betty McCollum, and Tim Walz have filed a brief with the United States Supreme Court urging the court to rule in favor of a transgender student from Virginia suing his school due to discrimination.

In all, 40 U.S. Senators and 156 members of the House of Representatives signed the brief.

The lawsuit is against the Gloucester County School Board after that board created a policy that prevented transgender students from using common school facilities and instead required them to use “alternative private” facilities.

Gavin Grimm, a transgender student in the school district, sued, and now the case is set to be taken up by the U.S. Supreme Court.

“We firmly believe that Title IX’s prohibition on sex discrimination already prohibits discrimination on the basis of gender identity,” the lawmakers wrote. “We urge this Court to uphold the Fourth Circuit’s decision and allow G.G. to use the boys’ bathroom at his school, as is already required by federal statutory law and consistent with this Court’s own precedent.”

Sen. Franken is listed as “Lead Senator” on the brief along with Wisconsin Sen. Tammy Baldwin. All of the signers on the brief are co-sponsors of Franken’s Student Nondiscrimination Act which, if passed, would add protections for LGBTQ students in the nation’s schools.

Here’s the full brief, which was filed on Thursday, Mar. 2:

Download (PDF, 210KB)

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Andy Birkey

Andy Birkey has written for a number of Minnesota and national publications. He founded Eleventh Avenue South which ran from 2002-2011, wrote for the Minnesota Independent from 2006-2011, the American Independent from 2010-2013. His writing has appeared in The Advocate, The Star Tribune, The Huffington Post, Salon, Cagle News Service, Twin Cities Daily Planet, TheUptake, and much more. His writing on LGBT issues, the religious right and social justice has won awards including Best Beat Reporting by the Online News Association, Best Series by the Minnesota chapter of the Society of Professional Journalists, and an honorable mention by the Sex-Positive Journalism awards.