A USA federal appeals court ruled on Tuesday in favour of a transgender student who sued her school for discrimination after she was barred from using the boys’ restroom.
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But the American Civil Liberties Union – a relentless defender of transgender individuals – stepped in to represent Grimm. We are unconvinced of the existence of danger caused by “sexual responses prompted by students” exposure to the private body parts of students of the other biological sex.’ The same safety concern would seem to require segregated restrooms for gay boys and girls who would, under the dissent’s formulation, present a safety risk because of the “sexual responses prompted’ by their exposure to the private body parts of other students of the same sex in sex-segregated restrooms”.
Last month in North Carolina, a transgender student and employee in the state’s university system filed a lawsuit arguing that the new law violated Title IX. “We again call on Governor McCrory and the General Assembly to repeal House Bill 2 and replace it with full nondiscrimination protections for LGBT people”. According to Judge Davis, Grimm “has surely demonstrated a likelihood of success on the merits of his Title IX claim” and the court “would be on sound ground” in granting Grimm’s request for immediate access to the boys’ bathroom while the case is pending. Weatherly added that since this is an issue of bullying, student transporters need to pay attention to the federal appeals court ruling this week. “It is not apparent to us, however, that the truth of these propositions undermines the conclusion we reach regarding the level of deference due to the department’s interpretation of its own regulations”.
LGBT advocates celebrated Tuesday’s court decision and were hopeful that it would help turn back the tide of efforts by state lawmakers to get bathroom restrictions on the books.
“A judge has broad discretion to issue an injunction that fits the wrong or injury that’s at issue, and here this allows the court to see the potential injury to a high school child”, she said.
Judge Paul Niemeyer, wrote in a dissenting opinion that the majority ruling “completely tramples on all universally accepted protections of privacy and safety that are based on the anatomical differences between the sexes”.
McCrory believes “bathroom and shower facilities in our schools should be kept separate and special accommodations made when needed”, campaign spokesman Ricky Diaz said.
The North Carolina law has sparked protests and economic boycotts in the state. In this April 16, 2016 photo, a statue draped in a rainbow flag showing support against HB2, North Carolina’s law on LGBT rights, is displayed at Whitehall Antiques showroom located in the Suites at Market Square, … Grimm, was born female but identifies as male, underwent hormone therapy, and legally changed his name. And the decision might even affect federal funding, billions of dollars, if the state is found in violation of Title IX, the federal law that covers gender harassment and also discrimination.
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“Beverly and Kelly deserve to feel secure in knowing that when they go about their daily lives in Charlotte and interact with businesses open to the public, any discrimination they encounter is illegal”.
