Sunday, March 18, 2018

We Won Another Court Case

Even after the Trump administration said they will no longer back trans discrimination complaint in school the courts are seeing following Trump attempts at marginalizing us.
A court reaffirms a transgender teen’s rights. Will the Education Department follow?
Washington Post
By Editorial Board
March 16, 2018

A 15-YEAR-OLD transgender student who had been barred by his Maryland high school from using the boy’s locker room, which aligned with his gender identity, just scored an important legal victory. A federal judge in Baltimore ruled this week that singling the boy out is discriminatory, “harms his health and well-being,” and is barred by federal and state law.

Other school districts should pay attention and realize that fair treatment of transgender children is not just the right thing to do, but is, in fact, the law. Likewise, we hope this ruling — consistent with other federal court decisions in similar cases — prompts the federal Education Department to revisit the wobbly reasoning used to justify its decision to stop handling complaints from transgender students who have been victimized by prejudice and barred from school bathrooms and locker rooms.
[…]
Left unanswered then was how the federal civil rights division would handle complaints from these students. Last month the Education Department said restroom complaints from transgender students are not covered by the 1972 Title IX federal civil rights law. “Title IX prohibits discrimination on the basis of sex, not gender identity,” spokeswoman Liz Hill told BuzzFeed News. That parsing of the law conflicts with rulings of two federal appeals courts, the highest courts to consider the scope of Title IX. The U.S. Courts of Appeals for the 6th and 7th Circuits held that Title IX does guarantee that transgender students be treated consistent with their gender identity. The courts suspended restrictive school restroom policies, determining that transgender students were likely to win at trial. The two rulings, while not binding nationwide, are the law in the jurisdictions covered by the two circuits.

Now comes the same reasoning from U.S. District Judge George L. Russell III in the case of Max Brennan, a teenager living on Maryland’s Eastern Shore who had been barred from using facilities that corresponded with his gender identity because of a policy of Talbot County’s school board. Max was able to bring his case because of the legal assistance he received from the American Civil Liberties Union and FreeState Justice.
Ha! Does anyone think that DeVos and Sessions will change their tune just because they are losing court cases… they will just keep packing the bench with judges who believe in the Bible over the law.

No comments:

Post a Comment