Friday, January 29, 2016

Biting My Nails

I hate court cases because it is a crap shoot. It is not the law that I fear but the judges’ bias of the law that I hate. Lower courts are starting to turn our way in interpreting Title VII and Title IX of the Civil Rights Act to include gender identity discrimination as sex discrimination.
Va. transgender student’s case could have national implications
Washington Post
By Moriah Balingit
January 27, 2016

A transgender teen’s fight to use the boys’ bathroom at his high school in a rural corner of Virginia could shape how schools across the country deal with the question of whether transgender teens have the right to use bathrooms in accordance with their gender identities.

Gavin Grimm, 16, and his attorneys on Wednesday took the teen’s case to the U.S. Court of Appeals for the 4th Circuit, where judges will determine whether banning Gavin, who was born a girl, from the boys’ bathroom constitutes sex discrimination and violates federal law. Gavin sued the Gloucester County School Board in the fall, asking for a preliminary injunction to allow him to use the boys’ bathroom.
Whichever way the courts rule you know the opposite side will appeal and then it goes to the Supreme Court and it will all boil down to bathrooms.
If the judges rule in Gavin’s favor, it could clear the way for other transgender students to assert their rights to use the bathroom that corresponds with their gender identity and for supporters of transgender students to argue for greater protections in the nation’s schools. If they rule against Gavin, it could give those fighting for bathroom restrictions more ammunition.
The lawyers that are representing the school district are from Liberty Counsel the same lawyers who backed Kim Davis the court clerk who refused to marry a same-sex couple in Kentucky and you know they want to make this a test case.

When it gets to the Supreme Court it will all boil down to which side can persuade Justice Kenney to rule for their side.

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