Wednesday, April 17, 2024

It’s The Law!

But the Republicans as usual ignore it and pass their own bill and then ignore the court ruling against the law.

Do you remember the Grimm v. Gloucester County School Board? That was the Virginia case where,
Supreme Court gives victory to transgender student who sued to use bathroom
By Ariane de Vogue and Chandelis Duster
June 28, 2021

The Supreme Court on Monday left in place a decision that allowed a transgender student to use the bathroom that corresponded to his gender identity, a victory for the LGBTQ community that has been fearful the high court would take up the case and reverse a lower court opinion.

The case concerns the scope of Title IX that prohibits schools from discriminating “on the basis of sex.” It began when Gavin Grimm, a transgender male who was then a high-school student, challenged the local school board’s decision to require him to use either a unisex restroom or a restroom that corresponds to the sex, female, he was assigned at birth.
Okay, the court ruled that that the schools have to respect the gender identity of the student but the governor of West Virginia think that the law doesn’t apply to them.
A federal appeals court ruled a West Virginia law banning transgender students from sports teams consistent with their gender identity discriminated against a middle school athlete, overturning a lower court ruling Tuesday.

The American Civil Liberties Union (ACLU) challenged the measure in 2021 shortly after it was signed into law, claiming that it discriminated against transgender students. The organization brought the suit on behalf of eighth grade track athlete Becky Pepper-Jackson.

The ACLU argued that because the student had not undergone male puberty, there was no inherent advantage to Pepper-Jackson competing against athletes born as females, so she should be allowed to compete.

Fourth Circuit Judge Toby Heytens agreed with the ACLU, overturning a lower court ruling, and went a step further by ruling that the law violates Title IX protections. A district court initially allowed Pepper-Jackson to compete on the school’s track team but reversed its ruling early last year.

“The Act’s sole purpose — and its sole effect — is to prevent transgender girls from playing on girls teams,” Heytens wrote in the appellate ruling Tuesday.
However, the governor thumb his nose at them…
West Virginia AG vows to keep defending girls' sports despite court ruling against transgender ban
'We know the law is correct and will use every available tool to defend it,' West Virginia Attorney General Patrick Morrisey said
Fox News
By Jamie Joseph
April 16, 2024

West Virginia Attorney General Patrick Morrisey vowed to keep fighting to keep biological males out of girls' sports after a federal appeals court ruled Tuesday to overturn a state transgender sports ban because it "violated the Equal Protection Clause and Title IX."

The 2-1 ruling Tuesday from the 4th U.S. Circuit Court of Appeals blocks a West Virginia law, signed in 2021, that bans transgender girls from playing on girls’ sports teams. The court said the law cannot lawfully be applied to a middle-school aged trans girl who has been taking puberty-blocking medication and has publicly identified as a girl since the third grade.

"I am deeply disappointed in the court’s divided decision today," Morrisey said in a statement. "The Save Women’s Sports Act is ‘constitutionally permissible’ and the law complies with Title IX."


In 2021, after the law went into effect, the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of 12-year-old transgender athlete, Becky Pepper Jackson (B.P.J) who would be kicked off the middle school’s track and field team under the new ban. Jackson's lawyers argued the law violated the 14th Amendment and protections under Title IX.

West Virginia was one of 24 states that had laws barring biological males from competing in girls' sports.
West Virginia is not alone in ignoring the law, other Republican states think that they also are above the law,
"It also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be," senior ACLU attorney for the ACLU’s LGBTQ & HIV Project, Joshua Block, said in a statement. "This case is fundamentally about the equality of transgender youth in our schools and our communities and we’re thankful the Fourth Circuit agreed."

Then we have a rebel Republican county on Long Island NY who thinks that they are also above the law…
Long Island county bans transgender athletes from competing with girls
When asked by reporters what spurred such a ban to be enacted, Blakeman could cite no examples of such a thing occurring in Nassau County
NBC Out News
By Greg Cergol
February 23, 2024

In a move that a local official said was done to battle so-called “bullying” from people born biologically male, a Long Island county is banning transgender athletes from competing in women’s and girls’ sports at their facilities.

Nassau County Executive Bruce Blakeman announced the new ban at a Thursday morning press conference. It will take effect immediately.

“There’s too much bullying going on of biological males trying to inject themselves in female sports,” Blakeman said, surrounded by supporters and young girls. “It’s wrong and it’s a form of bullying.”

The executive order bars transgender athletes from competing against girls at all 100 sports facilities run by Nassau County, including ball fields and ice rinks. It is believed to be the first ban on transgender participation in sports on a county-wide level in the U.S.
Um… Ah… New York has a gender inclusive non-discrimination law in addition to Title IX, WABC writes last month that…
Nassau County Executive Bruce Blakeman is holding firm on the order he issued last week. It bans transgender athletes who are born male from competing on all-women and all-girls teams at Nassau County sports facilities.

"We will protect women from bullying by transgender males who want to compete against biological females, which definitely changes the playing field - it's no longer a level playing field," Blakeman said.
A federal judge has tossed out a lawsuit from Nassau County Executive Bruce Blakeman who had been looking to stop a challenge from New York Attorney General Letitia James over his decision to ban transgender women from playing sports at county-owned facilities.

In March, James demanded Blakeman rescind an order banning those athletes.

The ban still remains in effect, but now the attorney general's lawsuit can move forward.

In February, Blakeman signed an executive order banning transgender athletes from competing in girls' and women's sports at county facilities. Under the order, sports leagues now must submit documentation of their players' biological sex at birth.


On March 1, the state attorney general issued a cease-and-desist letter saying the executive order violated the state's anti-discrimination laws. A few days later, Blakeman filed the federal lawsuit against James.

In a statement Friday, James said, "This decision is a tremendous victory for justice and the rule of law, but our work here is not done. County Executive Blakeman's executive order is transphobic, and we have no room for hate in New York. It's past time for Nassau County to rescind this order and treat all our communities with the basic respect and dignity they deserve."
But we all know that laws do not apply to Republicans.

In an interesting twist to the country NBC reported that the ban doesn’t sit well with all sports teams;
A Long Island roller derby team is the first to challenge a Nassau County executive order that prohibits transgender women from competing in women’s sports at over 100 different county-owned venues.

The lead plaintiff is Curly Fry, the vice president of the Long Island Roller Rebels, a roller derby team based in Nassau County.

“It’s sending a message, 'Yeah, you’re not safe here, you don’t belong here,'” said Fry in an interview with NBC New York. “It makes me scared to be on Long Island that is the reality of it.”

The team began in 2005 and has always welcomed people of all races, genders and orientations but will likely lose all their practice space in Nassau County because of this executive order.

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