San Diego is joining other cities in a legal brief that argues that transgender students should be able to use facilities consistent with the gender they identify with.

In closed session Monday, City Council members voted 5-1 in support of the city signing onto an amicus curiae brief drafted by the City of San Francisco.

The brief supports Gavin Grimm, a transgender student who has sued the Gloucester County School Board in Virginia over his right to use public facilities, including boys bathrooms, in public schools.

San Diego Councilmember Scott Sherman voted against joining the legal battle, while Chris Cate and Mark Kersey did not vote and Lori Zapf was not in attendance.


Sherman and Cate both said they support the case and the rights of the transgender community, but criticized City Attorney Mara Elliott and the use of city resources to join amicus briefs on national issues when there are local problems that need to be fixed.

“If local elected officials prefer focusing on national issues instead of doing their job, they should resign from their position and instead run for federal or state office,” Sherman said in a statement.

Elliott should take a more parochial approach to her job rather than bringing “bringing divisive ‘DC politics’ to San Diego,” Cate said in a statement.

“I am asking our City Attorney to focus her time on shutting down illegal marijuana dispensaries and combating sex trafficking,” he added.


Two weeks ago, however, Cate voted in favor of joining an amicus brief from the City of Chicago that argued against President Donald Trump’s executive order barring travelers from seven countries from entering the United States. Sherman was the lone vote against joining that brief.

Elliott said the allegation that she is motivated by politics is baseless.

:”As City Attorney, I am obligated by the Rules of Professional Conduct to bring amicus requests to my client, the City Council,” she said in a statement. “As the City’s policy makers, the City Council may vote to have the City join or not join an amicus brief.

“I would have engaged in politics had I decided not to bring a request to the City Council. That would usurp the City Council’s policy role.”


Furthermore, the City Council has enacted policies to protect the rights of transgender people, she said.

Councilmember Barbara Bry said the city must publicly support transgender people.

“We have a responsibility to set an example for other parts of the country,” she said in a statement. “Today’s vote shows that the City of San Diego recognizes the rights of transgender students and stands in solidarity with Gavin Grimm and students like him throughout the nation.”

So far there are at least 26 other amicus briefs in the case from organizations across the political spectrum, advocacy groups, education advocates, faith-based associations and think tanks.


Twitter: @jptstewart

joshua.stewart@sduniontribune.com


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