The district required students to use either the restroom that corresponds with their biological gender or a private, single-stall restroom. “North Carolina’s new discriminatory and ill-advised prohibition on transgender people using public school restrooms in accordance with their gender identity can not be reconciled with this decision”.
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That’s in conflict with North Carolina’s HB2, says Chris Brook, legal director of the North Carolina ACLU. North Carolina – which recently decided (amid much LGBT pushback) to respect the rights of the majority of students and require students to use the restroom that corresponds to the biological gender – is under the control of the 4th Circuit.
The state law enacted last month requires transgender people to use public restrooms and locker rooms aligned with the sex listed on their birth certificate, though companies are free to set their own policies.
“The ruling from the U.S. Court of Appeals for the Fourth Circuit marks the first time that a federal appeals court has determined that Title IX protects the rights of transgender students to use sex segregated facilities that are consistent with their gender identity”, the American Civil Liberties Union (ACLU), who represented Gavin in the case, said in a statement.
Brook says regardless of an individual’s opinion on same-sex issues, all should care about the impact on the state for the long term. Floyd also wrote the court’s decision in 2014 that eventually overturned North Carolina’s same-sex marriage bans.
“I can not imagine that the state of North Carolina would really put $4.5 billion in educational funds at stake in an effort to defend this shortsighted legislation”, he said in an interview before the meeting, referring to the amount the state gets each year.
The appeals court ruling threatens the application of the North Carolina law in public schools and universities because they all receive federal funding under conditions that bar gender discrimination.
“We have the writing on the wall here how that will come out”, said Eichner, an expert on sexual orientation and the law.
“Today’s ruling makes plain what we’ve been saying since the day that HB2 was introduced in the legislature: that it violates Title IX”, he said in a phone interview.
South Dakota Gov. Dennis Daugaard (R) vetoed a bill that would restrict transgender public school students from using bathrooms in accordance with their gender identity, arguing that schools were best equipped to handle accommodations for transgender students.
The judges also ruled that the lower court should reconsider a request that would have allowed Grimm to use the boys’ bathroom at Gloucester High School while the case is pending.
The panel successfully used, as the basis of its decision, Title IX – the federal law that prohibits discrimination in schools.
Grimm’s case will go back down to the district court for reconsideration, Pate said.
Grimm was allowed to use the boys’ bathroom for seven weeks until complaints were brought before the school board.
“This whole thing has been very hard”, said Grimm.
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Be Civil – It’s OK to have a difference in opinion but there’s no need to be a jerk.
