Murphree on Schools & Transgender Students

Patrick Murphree has posted Schools in the Middle: Resolving Schools' Conflicting Duties to Transgender Students and Their Parents (86 UMKC L. Rev. 405) on SSRN.  Here is the abstract: This article explores the dilemma facing a school when a transgender student requests gender affirmation services that that student’s parent opposes. Of the various potential sources of a transgender student’s right to gender affirmation (local policy, Title IX, the Constitution), the Equal Protection Clause is the most appropriate. The article then argues that rational basis is the correct standard of the three potentially applicable standards of scrutiny for the fundamental right to parent (strict scrutiny, hybrid claim heightened scrutiny, and rational basis). Evaluating a school’s denial of gender affirmation based on a parent’s objections under intermediate scrutiny and a school’s provision of gender affirmation over a parent’s…

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