Juliet Evancho, Transgender Sister of Inaug Singer, Scores Injunction in Bathroom Suit

03 March, 2017, 00:24 | Author: Michele Stevens
  • The ruling is a victory for trans students

The students' lawyers celebrated the ruling.

The ruling comes after teenage singer Jackie, who performed at new U.S. President Donald Trump's inauguration in January (17), pleaded with the leader to consider meeting with her and her sibling to discuss his administration's decision to remove the federal guidelines that allowed transgender school students to use the bathroom that matches their gender identity. A version of this article appears in print on February 23, 2017, on Page A1 of the NY edition with the headline: Trump Rescinds Obama Directive on Bathroom Use.

The published guidance was based on best practices from school districts across the country that have policies addressing this issue, with the state of California being its leading model.

"This is a mean-spirited attack on hundreds of thousands of students who simply want to be their true selves and be treated with dignity while attending school", Mara Keisling, the executive director of the National Center for Transgender Equality, said in a statement.

Of course, there is a federal law the explicitly applies to sex discrimination in schools - Title IX.

The district's change in policy violates both the Equal Protection Clause of the Fourteenth Amendment as well as Title IX of the Education Amendments Act of 1972, according to the allegations in the complaint. It detailed how schools should respond to situations regarding bathrooms, locker rooms, athletic teams, overnight lodgings and dormitories, as well as other situations.

The White House announced February 21 it was withdrawing Obama's May 2016 "guidance" edict ordering us schools to allow gender-confused boys to use girls' restrooms, locker rooms and overnight accommodations, and vice versa, or risk losing federal funding.

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The guidance said that students must be treated as their preferred genders, as opposed to the genders they were assigned at birth. "The U.S. Court of Appeals for the Fourth Circuit concluded that the term "sex" in the regulations is ambiguous and deferred to what the court characterized as the "novel" interpretation advanced in the guidance".

Judge Mark Hornak ordered the school district to allow the students touse the bathroom that matches who they are.

State Department of Education spokeswoman Casey Smith said "the department does not collect data" on how many school districts in the state have passed transgender rights policies.

The judge denied the school district's request to throw out the lawsuit. "I'm very happy and it's a relief", she said.

"That means the guidance was in effect for the final two weeks of school here in Paulding County", he said.

Individual schools will remain free to let transgender students use the bathrooms with which they are most comfortable. Grimm's case is scheduled to be heard by the Supreme Court next month. The record also shows inadequate justification for treating the students differently from their peers of the same gender identities "based exclusively on transgender status", Hornak wrote.

Adolescence is already a confusing time for many students, however if you do not identify with your external gender it can be even more hard.



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