In an interesting and topical decision the US (Federal) Fourth Circuit Court of Appeals ruled 2-to-1 in favor of one Gavin Grimm, who'd sued the Gloucester County School Board, arguing that its policy requiring students to use facilities that correspond with their "biological gender" (as on the birth certificate) or gender-neutral single-person restrooms was a violation of Title IX of the Education Act of 1972, which bans discrimination based on sex.
This is the first case that extends Title IX protections to transgender persons.
Grimm, who identifies as male, said the policy was stigmatising.
In backing him the Fourth Circuit deferred to the Department of Education’s interpretation of policies that give transgender students access to the bathrooms that match their gender identities rather than their biological sex.
Even more interesting is the facts that the state of North Carolina (passer of a recent pro-bigotry law) is part of the Fourth Circuit, hence the ruling could stand as a precedent there and have major implications in the current battle against HB2 (the aforementioned pro-bigotry law).
Also under threat is 4.3 billion dollars of Federal funding to schools in NC; the (Federal) Department of Education was already studying whether the NC law violated the Title IX civil rights protections "to determine any potential impact on the state’s federal education funding"
This judgement would mean that it does, meaning funding could be withheld, despite previous claims by North Carolina's (Republican) Governor Pat McCrory (proponent of the pro-bigotry law).
A ED spokesperson said: "We will not hesitate to act if students’ civil rights are being violated"
This is the first case that extends Title IX protections to transgender persons.
Grimm, who identifies as male, said the policy was stigmatising.
In backing him the Fourth Circuit deferred to the Department of Education’s interpretation of policies that give transgender students access to the bathrooms that match their gender identities rather than their biological sex.
Even more interesting is the facts that the state of North Carolina (passer of a recent pro-bigotry law) is part of the Fourth Circuit, hence the ruling could stand as a precedent there and have major implications in the current battle against HB2 (the aforementioned pro-bigotry law).
Also under threat is 4.3 billion dollars of Federal funding to schools in NC; the (Federal) Department of Education was already studying whether the NC law violated the Title IX civil rights protections "to determine any potential impact on the state’s federal education funding"
This judgement would mean that it does, meaning funding could be withheld, despite previous claims by North Carolina's (Republican) Governor Pat McCrory (proponent of the pro-bigotry law).
A ED spokesperson said: "We will not hesitate to act if students’ civil rights are being violated"
Quote:
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Originally Posted by American Civil Liberties Union
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 Fourth Circuit remanded the case for the district court to reevaluate Gavin’s request for a preliminary injunction under the proper legal standard.
“I feel so relieved and vindicated by the court’s ruling.” said Grimm. “Today’s decision gives me hope that my fight will help other kids avoid discriminatory treatment at school.” “Today’s Fourth Circuit decision is a vindication for Gavin and a reinforcement of the Department of Education’s policy.” said Joshua Block, a senior staff attorney at the ACLU Lesbian, Gay, Bisexual, and Transgender Project. “With this decision, we hope that schools and legislators will finally get the message that excluding transgender kids from the restrooms is unlawful sex discrimination.” “Gavin’s fight has been a beacon of hope in the face of increasingly hostile rhetoric against transgender people in Virginia, and across the nation,” said Gail Deady, The Secular Society Women’s Rights Legal Fellow at the ACLU of Virginia. “The court’s ruling sends a strong message to schools and lawmakers that discriminatory restroom policies don’t just harm transgender students, they put Title IX funding at risk.” |
via International Skeptics Forum http://ift.tt/1rjfAJm
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