Friday, June 30, 2017

The Battle Continues…

Trans people have been using ever since indoor plumbing was invented, it was never a problem until the Republicans made it one that they could rally their troops around and raise many off of us.
Unified will ask U.S. Supreme Court to take up transgender case
Kenosha News
By Deneen Smith
June 28, 2017

Kenosha Unified School District will ask the United States Supreme Court to decide whether school districts can mandate which bathrooms may be used by transgender students.

In May, a federal appeals court ruled in favor of then-Tremper High School senior Ash Whitaker, who had sued Unified over the school’s bathroom policy. Whitaker, who is transgender, was required by the district to either use a girl’s bathroom or a small faculty bathroom. He claims the policy violated his civil rights.

The U.S. Court of Appeals for the 7th Circuit upheld a preliminary injunction that blocked the district from enforcing its policy.

Whitaker had sued based on a constitutional argument, saying the policy violated his right to equal protection under the law, and under Title IX, which prohibits sex discrimination in public schools. The 7th Circuit agreed.
It will all boil do to how will Justice Kennedy rule.

Will they follow the lower courts in finding that we are covered by Title VII as sex discrimination based on Price Waterhouse v. Hopkins and the 14thAmendment or will they show their biases. The lower courts have all based their ruling on sound legal precedencies.

The one that I like is Schroer v. Billington, in the case the judge said,
Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testifies that he harbors no bias toward either Christians or Jews but only “converts.” That would be a clear case of discrimination “because of religion.” No court would take seriously the notion that “converts” are not covered by the statute. Discrimination “because of religion” easily encompasses discrimination because of a change of religion.

But in cases where the plaintiff has changed her sex, and faces discrimination because of the decision to stop presenting as a man and to start appearing as a woman, courts have traditionally carved such persons out of the statute by concluding that “transsexuality” is unprotected by Title VII. In other words, courts have allowed their focus on the label “transsexual” to blind them to the statutory language itself. In other words, discrimination because one has changed or is changing his or her sex is discrimination on the basis of sex, and focusing on a “label” like “transgender” as a justification for denying that individual protection under sex discrimination law would be “blind” to the “statutory language itself.
The EEOC has a web page (at least for now) an excellent write up on the reasons that they found Title VII protects trans people.

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