Wednesday, August 12, 2020

The Supreme Court Ruling Is Starting To Pay Off

The Supreme Court ruling two months ago is starting to make a difference, the Tile IX case where the court ruled that we are protected under “sex” seems to helped these cases,
A public school may not “harm transgender students by establishing arbitrary, separate rules for their restroom use,” a federal judge ruled.
NBC News
By Tim Fitzsimons
August 10, 2020

After a three-year legal battle, a transgender teen in Florida has emerged victorious in a federal lawsuit over equal access to restrooms.

On Friday, the U.S. Court of Appeals for the 11th Circuit upheld a lower court ruling in favor of the teen, Drew Adams, 19, ordering the school board in St. Johns County, Florida, to allow transgender students to use bathrooms that align with their gender identity.

Adams enrolled at Allen D. Nease High School in Ponte Vedra, a seaside community in the northeastern Florida, in the fall of 2015. Because he is transgender, the Jacksonville-area school prohibited him from using the boys' bathroom, instead requiring him to use the girls’ restroom or single-stall bathrooms.
The 11th Circuit ruling, however, does not definitively mark the end of Adams’ legal battle. Should it choose to do so, the school district could petition the full 11th Circuit or the U.S. Supreme Court to review the case, though either court could refuse to do so.
And here is where the Supreme Court ruling comes into play…
In June, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia, that workplace discrimination against LGBTQ people is prohibited by existing nondiscrimination laws — specifically Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex.
Castillo [A Lambda Legal lawyer who worked on the case.] said that since Bostock’s Title VII claim “confirmed that workplace discrimination against transgender people is contrary to law,” he said last week’s 11th Circuit ruling “should mean that discrimination is not to be tolerated in schools.”

In another case this time out in Idaho, the Supreme Court decision didn’t play a part in th case but it was another victory for us.
Idaho officials’ latest attempt to ban trans people from changing their birth certificate gender violates a previous court order, a federal judge said.
NBC News
By Associated Press
August 11, 2020

BOISE, Idaho — Idaho officials’ latest attempt to ban transgender people from changing the gender on their birth certificates violates a court order issued two years ago, a federal judge said.

U.S. Magistrate Judge Candy Dale first ruled in 2018 that a law barring the birth certificate changes was unconstitutional, and she banned state officials from implementing it. Earlier this year, Republican lawmakers passed new legislation that did largely the same thing.

That law signed by Republican Gov. Brad Little went into effect on July 1. It set strict criteria for changing gender on a birth certificate, including a requirement that a person first obtain a court order, and only allowed people to seek the court order if the sex listed on their birth certificate was mistakenly entered, entered fraudulently or under duress.
In her order Friday, Dale said the new procedure does the same thing as the old one by effectively preventing transgender people from changing the sex on their birth certificates.

“The plain language of the statute, as quoted, forecloses any avenue for a transgender individual to successfully challenge the sex listed on their Idaho birth certificate to reflect their gender identity,” Dale wrote.
There is another case winding it’s was through the legal system in Idaho this one could be affected by the Supreme Court ruling.
Another anti-transgender law passed this year also is being litigated. It bars transgender and intersex girls and women from competing in women’s sports. Boise State University student Lindsay Hecox is suing the state in federal court, contending the law is discriminatory and would prevent her from trying out for the women’s cross country team because she is transgender.
The Supreme Court decision will make it harder to ban trans athletes since Title IX comes into play with school sports.

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