Tuesday, October 25, 2016

I Don’t Think That They Can Avoid It Any Longer

The time has come for the Supreme Court to hear our cases. I know they are hoping for a full court but the road block with the Senate not doing their Constitutional job is creating chaos.
U.S. Judges Issue New, Conflicting Opinions on School Transgender Rights
Education Week
By Mark Walsh
October 20, 2016

The national debate over the rights of transgender students to use school restrooms and locker rooms of their gender identity, and the authority of the federal government's guidance on the topic, grew a bit more uncertain this week.

The federal district judge in Texas who in August issued a nationwide injunction blocking the Obama administration's guidance meant to expand transgender students' access to restrooms and locker rooms in schools on Tuesday sought to clarify the scope of his order.

Judge Reed O'Connor of the U.S. District Court in Wichita Falls, Texas, issued an order to clarify that "the preliminary injunction applies nationwide," and could not be limited just to the 13 states that have challenged the transgender guidance.

Meanwhile, a federal magistrate judge has recommended against a preliminary injunction sought by a group of parents and students to block a school district in that state from permitting transgender students to use the restrooms or locker rooms corresponding to their gender identity.

U.S. Magistrate Judge Jeffrey T. Gilbert of Chicago issued an 82-page opinion, also on Oct. 18, that explores many angles of the transgender debate in the nation's schools, including the U.S. Department of Education's policy guidance from earlier this year. And it offers more discussion of the use of locker rooms (as opposed to restrooms alone) by transgender students than in some other high-profile cases.
[UPDATE Friday 11:15 a.m.: The Obama administration on Oct. 20 filed a notice of appeal with the U.S. Court of Appeals for the 5th Circuit, in New Orleans, indicating that it will appeal Judge O'Connor's Aug. 21 and Oct. 18 orders in the case by Texas and other states.]

The opinions come as the U.S. Supreme Court is considering whether to take up the appeal of a Virginia school district that is seeking to avoid the federal guidance on transgender student rights.
If the Gavin Grimm v. Gloucester High School case is heard by the Supreme Court there are three possible outcomes. First we win, all of the schools in the country must respect our gender identity; second possible outcome, is a tie. In that case then only schools in the United States Court of Appeals for the Fourth Circuit district would have to respect our gender identity. And the worst possible is we lose and we end up with only protections in the in the eighteen states and the District of Columbia that have laws that protect us.

Right now we have a hodgepodge of courts issuing decrees and a Texas federal district court judge who is overstepping his bounds and is trying to enforce his decree on other federal district courts.

My guess is that if the Democrats win big and take control of the Senate you will see a rash of lame duck judicial confirmation hearings by the Republicans of moderate Obama judicial appointments including Supreme Court nominee Chief Judge Merrick Garland.

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