While litigation in this field has rarely involved colleges and universities, collegiate environments are often the “forefront for social activism,”5 so it is likely the issue of transgender housing discrimination will soon explode on campus. It is now critical that colleges, universities, and the counsel who represent them either prepare to address these issues when they arise or explore possibilities to preempt the legal issues that will surely arise at their schools. Part II of this comment discusses the legal definition of transgender. Part III examines the history of the treatment of transgender persons in American courts, as well as their current legal status. Part IV surveys how various residential facilities house transgender youth, as well as how transgender needs affect public restrooms and the legal issues these facilities have faced. Part V reviews the approaches colleges and universities use to address the needs and concerns specific to housing transgender youth. Part VI analyzes the legal issues that may arise from these methods by examining the legal challenges faced by residential facilities. Part VII concludes with the measures college and university administrators and lawmakers should take to tackle the legal issues that concern housing transgender students, as well as the policies needed to protect transgender students.
Katherine A. Womack, Please Check One—Male or Female?: Confronting Gender Identity Discrimination in Collegiate Residential Life, 44 U. Rich. L. Rev. 1365 (2010).