A federal appellate ruling on Tuesday protecting the right of transgender students to use restrooms according to their gender identity is an important marker in a national debate that has prompted battles in courtrooms and legislatures across the country.
The Court of Appeals for the Fourth Circuit is the first federal court to affirm the Obama administration’s position on this question. The Department of Education and the Department of Justice have asserted in individual cases that barring transgender students from using restrooms and locker rooms based on their gender identity violates Title IX, a federal civil rights law that prohibits sex discrimination in education.
The current case was brought in 2015 by a male transgender student against the school board in Gloucester County, Va., after it passed a measure barring him from using the boys’ restroom. Writing for the majority in the 2-to-1 ruling, Judge Henry Franklin Floyd found that the lower court did not give due deference to the federal government’s interpretation of Title IX when it ruled against the student, Gavin Grimm.
The ruling is also the latest blow to a discriminatory law North Carolina passed last month, which mandated that people use public restrooms that match the gender on their birth certificate, regardless of their gender identity or appearance. North Carolina, which is also covered by the Fourth Circuit, is now bound to lose discrimination lawsuits filed by transgender students who would be forced to use the wrong restrooms.
The appeals court remanded the case back to Judge Robert Doumar of Federal District Court, instructing him to re-evaluate Mr. Grimm’s request for a preliminary injunction. Judge Doumar, who spoke dismissively about gender identity when he heard the case last year, should swiftly grant Mr. Grimm the injunction he should have gotten months ago.The North Carolina law, which also prohibits cities from passing anti-discrimination laws to protect gay and transgender people, has already set off a strong backlash from the private sector, educators and religious leaders. This week’s ruling gives Gov. Pat McCrory and North Carolina lawmakers another compelling reason to repeal the law.
It can be easy to forget that these debates are about personal dignity. Mr. Grimm was remarkably clearheaded and eloquent at a school board meeting in 2014 when he defended his right to use the boys’ room. Since the school board rejected his plea, Mr. Grimm has sought to get through the school day without using the restroom at all. When he must, Mr. Grimm, a high school junior, uses the nurse’s restroom, an alternative he understandably finds humiliating and stigmatizing. He’s endured that indignity long enough.
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Respond:
Do you agree with the ruling in this case?
What are the arguments for and against allowing transgender students to use the bathroom they most identify with?
Do you think this is a big step for America in terms of seeing transgender people's fight for equal rights as more of a "civil right"?
I think that American need to treat transgender as people and should have equal rights to use any bathroom they want to use. For this situation to be going on its similar to the civil rights you can say because black and whites where segregated with everything. Now transgender or now the outcast because its becoming comfortable to come out and be openly gay. Certain people might not agree with your choice but it should not be affecting or making anybody that gay an outcast.
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ReplyDeleteI agree with the ruling law I feel that transgender people should be using the bathroom according to there gender on there birth certificate. I feel that transgenders using opposite sex bathrooms can cause a lot of problems. I feel like there are going to be a lot of bullying going on. Everyone knows how teens are there are going to be people trying to record you and make in fun of you. I just agree with the ruling I feel that they should use the bathroom according to there gender on there birth certificate for there own safety.
ReplyDeleteTo me I think it's only right to just use the bathroom based on your original gender not to be mean or anything, It is just out of respect of other people. Some girls wouldn't want to approve the fact that they are using the bathroom with a boy who is trying to seem like a girl because they are probably feeling like they are in bathrooms with a guy. Also, what if that boy or girl isn't really a transgender but just wants to go inside the bathroom just to creep on the boys or girls in the bathroom.. Not saying that would happen, but it can.
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ReplyDeleteTo me I think it's only right to just use the bathroom based on your original gender not to be mean or anything, It is just out of respect of other people. Some girls wouldn't want to approve the fact that they are using the bathroom with a boy who is trying to seem like a girl because they are probably feeling like they are in bathrooms with a guy. Also, what if that boy or girl isn't really a transgender but just wants to go inside the bathroom just to creep on the boys or girls in the bathroom.. Not saying that would happen, but it can.
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ReplyDeleteI honestly like its just a bathroom and people need to get their business done. I feel like its always the ignorant people saying some dumb shit excuse my language but it is really sad how people stare at you down so reguardless if you are using a bathroom based on your original gender you are still going to get told something. so why not make a bathroom just for transgender since straight people are like always feeling some type of tension towards small shit like that?. This world is just really mess up when it comes to certain things I dont like the fact that they didnt approve of that law.
ReplyDeleteI agree with the ruling because transgender have their own bathrooms. Bathroom is for everybody. The arguments for transgender is what ever you think you can go to a bathroom because in some chinese restroom it doesn't matter. The arguments against transgender is the lower court did not give due deference to the federal government’s interpretation of Title IX when it ruled against the student, Gavin Grimm. I think this is a good idea of seeing how much people is transgender because bathroom is for everybody. Look what happen if your son or daughter can't use the bathroom your son or daughter would be in a big trouble. I would help my son or daughter if she can't use the bathroom.
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ReplyDeleteBathroom is for everybody it just a bathroom like it doesn't matter if an transgender go in the bathroom that's not their official gender. I'm appalled how people just stare at that perso that's not their right gender. I'm perfectly fine with transgenders entering bathrooms that's not their regular sex as long as they not doing something innappropiate, then I'm fine with it.
ReplyDeleteI disagree with the North Carolina law because if transgender students feel comfortable of what they are, there is no need to make them feel a way they don't want to be. I feel like this is a next step for transgender people for their equal rights because just as racism we had back in the day like segregation times, black and whites weren't able to use the same bathroom but now we could. So why not do that with gender.
ReplyDeleteI agree with the North Carolina law because I think that the Transgender students should not use the boys restroom because The boys who are using the rest room will feel uncomfortable and they should use the girls restroom instaed of the boys room because a transgender student using a boys restroom feels wrong.
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