EASTON — A transgender student prevented from using the boys’ restrooms and locker rooms at St. Michaels Middle-High School and his parents have settled a federal lawsuit filed against Talbot County schools. The school system told Max Brennan and his parents Laurence and Lynn Brennan on March 22 that “from this point forward, Max will have access to all facilities, including locker rooms, that are designated for boys or men,” according to the settlement agreement. Earlier that month, a federal judge had denied a motion to dismiss the case that had been filed on behalf of the defendants — the Board of Education of Talbot County, School Superintendent Kelly L. Griffith and Principal Tracy Elzey. “In March 2018, Judge George L. Russell III, in denying the defendants’ motion to dismiss the case, ruled that students who are transgender cannot be barred from sex-segregated school restrooms and locker rooms that align with their gender identity under Title IX of the Education Act of 1972 (the federal statute barring sex discrimination in education) as well as federal and state constitutional protections,” according to FreeState Justice and the ACLU, attorneys for the Brennans. “The decision was the first of its kind in Maryland, and one of the first anywhere to hold that a school district could not exclude a student who is transgender from its locker rooms.” “Judge Russell’s ruling has already made an impact in other jurisdictions,” according to FreeState Justice and the ACLU. “Last month, in Grimm v. Gloucester County School Board, the United States District Court for the Eastern District of Virginia found Judge Russell’s opinion persuasive in ruling that Gavin Grimm had similarly stated claims for relief under Title IX and the Equal Protection clause of the Fourteenth Amendment against his school district for being denied access to the boys’ restroom.” “Bringing this lawsuit has been a long journey that I hope will be able to help other transgender students in the future.” Max said in a press release. “I couldn’t be happier with how everything turned out and I am extremely hopeful for the future.” In the press release, attorneys for the Brennans said the judge’s ruling and the settlement should alert Maryland school systems that separate and unequal treatment of transgender students is not permitted. “Though today’s case is over, Max’s bravery continues to ensure that students who are transgender are protected under the law.” Jennifer Kent, managing attorney with FreeState Justice, said. “Because of Max, Maryland school districts are now on notice that subjecting students who are transgender to separate and unequal treatment is illegal, pure and simple...”
Fun fact: Easton, the county seat of Talbot County, is/was the home of such notables as Senator Birch Bayh of Indiana, baseball star Harold Baines, and an author/activist that Pres. Trump notes has apparently interested a lot of people, Frederick Douglass.