Thursday, May 05, 2016

It’s Going To Go To The Supreme Court

I can’t see any other path. Whether it is Virginia or North Carolina or some other case the Supreme Court is going to get a “Bathroom” case.
Virginia school board appeals in transgender bathroom case
Washington Post
By Moriah Balingit
May 3, 2016

A Virginia school board being sued by a transgender teen over its restrictive bathroom policy is asking a federal appeals court to rehear its case after the court ruled the teen’s discrimination suit could move forward last month.

The Gloucester County School Board on Tuesday filed a petition asking the U.S. Court of Appeals for the 4th Circuit for a rehearing with a full panel of judges, known as an “en banc” hearing. The board argued that the case warrants a second look because it could affect schools far beyond Gloucester County .

The initial decision by a three-judge panel last month was the first time a federal appeals court had weighed in on the question of whether bathroom restrictions constitute a violation of Title IX, which prohibits sex discrimination at schools that receive federal money.
Then down in North Carolina…
U.S. Warns North Carolina That Transgender Bill Violates Civil Rights Laws
New York Times
By Eric Litchtblau and Richard Fausset
May 4, 2016

WASHINGTON — The Justice Department warned the State of North Carolina on Wednesday that its new law limiting bathroom access violated the civil rights of transgender people, a finding that could mean millions of dollars in lost federal funds.

In a letter to Gov. Pat McCrory, Vanita Gupta, the top civil rights lawyer for the Justice Department, said that “both you and the State of North Carolina” were in violation of civil rights law, and gave him until Monday to decide “whether you will remedy these violations.”

A Justice Department official said that federal officials hoped that the state would agree to comply voluntarily with federal civil rights law by abandoning the measure. But the department has a number of tools it can use to try to force compliance, including denying federal funds or asking a court to do so, said the official, who spoke on condition of anonymity.
You know that the governor will never back down so I can see a court fight over this and since it is in the same U.S. Court of Appeals as Virginia that decision is going to have an effect on North Carolina.

Then up in Illinois,
Lawsuit filed after transgender student gets locker room access in Palatine
Chicago Tribune
By Duaa Eldeib and Dawn Rhodes
May 4, 2016

A group of suburban students and parents is suing the U.S. Department of Education and Illinois' largest high school district after school officials granted a transgender student access to the girls locker room.

In a lawsuit filed in federal court Wednesday, the group contends that the actions of the Department of Education and Palatine-based Township High School District 211 "trample students' privacy" rights and create an "intimidating and hostile environment" for students who share the locker rooms and restrooms with the transgender student.

"Students have an expectation of privacy in restrooms and locker rooms, and that expectation is violated when a school puts the opposite-sex student in those kinds of private and intimate facilities," said Jeremy Tedesco, attorney with Alliance Defending Freedom, a religious legal advocacy group representing the plaintiffs.
With all these court cases I don’t think there is any chance of a case not going to the Supreme Court and I think there are just two outcomes one is a four-four tie or that another judge comes over from the conservative side to vote for inclusion.

I think the most likely outcome is a tie so the case will just cover U.S. Court of Appeals District 4 and I think that it is most likely be just the Virginia case that will be heard this fall.

No comments: