Attorney General Bonta: Oklahoma Legislation Barring Transgender Students from School Facilities Consistent with Their Gender Identity is Discriminatory and Unlawful

OAKLAND — California Attorney General Rob Bonta today joined 17 attorneys general in filing an amicus brief in the Tenth Circuit Court of Appeals in support of the rights of transgender students in Bridge v. Oklahoma State Department of Education. The case stems from a lawsuit challenging Oklahoma’s Senate Bill 615 (SB 615), which categorically prohibits transgender students from using sex-separated school facilities consistent with their gender identity. After the Western District of Oklahoma granted the State defendants’ motion to dismiss the case, the plaintiffs (three transgender students) appealed the decision to the Tenth Circuit. The coalition asserts in its amicus brief that SB 615 violates Title IX and the Equal Protection Clause, and also describes the serious harms to transgender youth that result from unlawful discrimination on the basis of an individual’s gender identity.

“Legislation barring transgender students from accessing school facilities consistent with their gender identity is discriminatory, unlawful, and deeply appalling,” said Attorney General Bonta. “We urge the Tenth Circuit to reverse the district court’s ruling to ensure the rights and well-being of our most vulnerable student populations are upheld. While some states seek to undermine vital protections like Title IX, California remains committed to advocating for increased safeguards amidst a growing wave of anti-LGBTQ+ rhetoric.”

SB 615 is part of a dangerous wave of discriminatory legislation across the U.S. targeting transgender children. Over 1.6 million people in the United States, including approximately 300,000 youth between the ages of 13 and 17, identify as transgender. Transgender youth suffer levels of discrimination, violence, and harassment that far exceed those experienced by their cisgender counterparts. That kind of discrimination predictably inflicts physical and mental harms. Legislation that prevents transgender students from using sex-segregated facilities, including restrooms, consistent with their gender identity is unnecessary and unlawful. In contrast to Oklahoma’s discriminatory law, all California schools must permit students to use sex-segregated facilities consistent with the student’s gender identity. 

In their amicus brief today, the coalition supported the plaintiffs' effort to block the enforcement of SB 615, arguing that the law:

• Violates the Equal Protection Clause of the U.S. Constitution by stigmatizing transgender students and denying them access to common school facilities based on their gender identity.
• Violates Title IX of the Education Amendments of 1972 by denying transgender boys and girls access to the same common facilities that other boys and girls may use.
• Fails to recognize how inclusive laws and policies — such as those in California — produce important benefits without compromising the privacy and safety of others.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of New York, Washington, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, and the District of Columbia.

A copy of the amicus brief is available here.