Понедельник, 11 Декабря, 2017

Transgender Bathroom Battle Continues At State Level

Courtesy Wikimedia Commons					
		
			The University must take concrete steps to increase its support for transgender members of the community Courtesy Wikimedia Commons The University must take concrete steps to increase its support for transgender members of the community
Melissa Porter | 01 Марта, 2017, 00:54

Hornak is on the right side of history as he issued a temporary injunction which bars the Pine-Richland School District from forcing Juliet and her peers into using private bathrooms or restrooms matching their birth sex.

U.S. District Judge Mark Hornak of the Western District of Pennsylvania ruled that Pine-Richland school district must immediately cease barring three high school seniors - 18-year-old Juliet Evancho, 18-year-old Elissa Ridenour, and 17-year-old "A.S." - from using bathrooms that they previously were able to access under the district's old policy. The change was in response to pressure from anti-LGBTQ groups that claimed the policy put students at risk.

Hornak said the policy does not advance important governmental interest.

The district's change in policy violates both the Equal Protection Clause of the Fourteenth Amendment as well as Title IX of the Education Amendments Act of 1972, according to the allegations in the complaint.

Neither a district spokeswoman or the district's attorney returned requests for comment.

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Hornak granted a preliminary injunction suspending the district policy while the case makes it way through the courts.

The decision was announced by a federal judge on Monday, and granted a preliminary injunction sought by the students as part of their lawsuit against the Pine-Richland School District's "gender-specific" bathroom policy adopted past year.

The court found, instead, that the Constitution's equal protection guarantee provided relief for the students - and that they are likely to succeed on those claims.

The ruling comes five days after President Donald Trump's administration revoked landmark guidance to public schools allowing transgender students to use bathrooms of their choice, reversing a signature initiative of former Democratic President Barack Obama. He said, in part, that previous court cases they cited in their arguments relied on the Obama administration's interpretation of the law, which has since been withdrawn by the Trump administration. The Pennsylvania case and Grimm's case are among at least six lawsuits pending in federal courts related to the issue.

The policy was initially adopted by the Pine-Richland school district in September.

The court ruled that the district must stop enforcement of a new policy introduced past year. Many of those cases could be resolved through a Supreme Court ruling.

However, the court sidestepped a national debate about whether civil rights laws already ensure transgender students access to restrooms - a question scheduled to go before the Supreme Court in March.