Thursday, July 22, 2021

The Courts Taketh It Away, The Courts Giveth

Yesterday I wrote about the horrible court ruling where we can be deadnamed and misgendered, well here are two “good” court rulings.
Federal judge grants injunction in lawsuit involving transgender Bridgeport student-athlete
WBOY Ch 10
July 21, 2021

CHARLESTON, W.Va. – An 11-year-old transgender student-athlete from Bridgeport has gained an early victory in a federal lawsuit filed against state and local education officials over the state’s law banning transgender athletes from competing in female sports.

U.S. District Judge Joseph Goodwin granted the plaintiff’s motion for a preliminary injunction, meaning that while the suit, on behalf of Becky Pepper-Jackson, continues, the state cannot enforce the law and Pepper-Jackson will be allowed to sign up for school athletics, as any girl would.
Judge Goodwin wrote that he has “been provided with scant evidence that this law addresses any problem at all, let alone an important problem” and that “this law both stigmatizes and isolates” Pepper-Jackson and that she “will be irreparably harmed if this law were to take full effect.”

Goodwin also found that there is a likelihood that the suit will be successful in its claim that the law violates the Equal Protection Clause and Title IX.
Thank you Supreme Court in last years ruling that we are protected under Title IX!

Then down in Arkansas another court block another draconian law.
Judge blocks Arkansas' ban on gender-affirming care for transgender minors
The ruling "sends a clear message to states across the country that gender-affirming care is lifesaving care," Holly Dickson of the American Civil Liberties Union of Arkansas said.
NBC News
By Jo Yurcaba
July 21, 2021

A federal judge temporarily blocked an Arkansas law Wednesday that would have banned physicians in the state from providing transition-related health care — such as hormones and puberty blockers — to transgender minors.
Judge James M. Moody Jr. of the U.S. District Court for the Eastern District of Arkansas heard arguments in the case Wednesday morning, granting the ACLU's request for a preliminary injunction against the law, which was scheduled to take effect next week.
And of course the Attorney General will fight the injunction.
The suit names Arkansas Attorney General Leslie Rutledge and members of the Arkansas State Medical Board as defendants.

Rutledge told NBC News in an email after the ACLU filed the suit that she would “aggressively defend Arkansas’s law which strongly limits permanent, life-altering sex changes to adolescents.”
And all the Republican states chimed in…
The state received support from 17 state attorneys general who filed an amicus brief in the case — a move that attorneys have said is largely unprecedented, the 19th reported.
In an article on Spectrum News they said,
U.S. District Judge Jay Moody found that the plaintiffs were likely to succeed with their challenge and that allowing it to be enforced would hurt transgender youth currently receiving the treatments.

“To pull this care midstream from these patients, or minors, would cause irreparable harm,” Moody said.
These cases are only round 1 in a long and drawn out process that will probably go all the way to the Supreme Court.

My guess that these cases when the states deny us healthcare will be seen in violating the First Amendment and Section 1557 of the Affordable Cares Act (Obamacare).

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