doevyunits

**Doe v. Yunits**
(MA Sup. Ct. 2000)

D (Yunits) school officials excluded biologically born boy with female gender identity from school based on student wearing girls’ clothing P (Doe) challenged school district, based on First Amendment and sex discrimination Exclusion from school followed nearly two years of disciplinary action against Doe for wearing girls’ clothing.
 * __Facts:__**

Did the exclusion violate student’s rights of free expression and constitute sex discrimination? Yes.
 * __Issues/Answers__**

Legal Basis – MA State Constitution Rationale – student’s feminine dress and conduct was intended to express her gender identity and was protected under the State’s Constitution.
 * __Basis/Rationale__**

School tried to justify its exclusion of Doe based on other students’ discomfort. Court affirmed that transgender students need the same support and protection of their safety that other students need.
 * __Notes__**