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to Section One | to Arts & Entertainment
posted Friday, May 25, 2018 - Volume 46 Issue 21
HRC responds to victory for Transgender students in Gavin Grimm federal court case
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HRC responds to victory for Transgender students in Gavin Grimm federal court case

WASHINGTON, D.C. - [On May 22], the Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) civil rights organization, responded to a federal court decision reaffirming that Title IX of the Education Amendments of 1972 protect[s] transgender students from discrimination, including being forced to use separate bathroom facilities.

'No student should feel unsafe at school, regardless of gender identity. Transgender students are covered by Title IX and are entitled to the same rights and protections as every other student,' said Sarah Warbelow, HRC Legal Director. 'With the Trump-Pence administration's barrage of attacks on LGBTQ people in this country, including children, we are pleased that yet another federal court has reaffirmed legal rights and dignity of transgender people.'

In 2014, the Gloucester County School Board in Virginia voted 6-1 in favor of a discriminatory bathroom policy that segregates transgender students from their peers after Gavin Grimm, a transgender student, began using the boys' restroom, with permission of school officials, [which corresponds] with his gender identity.

In 2017, the Supreme Court sent the Grimm case back to the 4th Circuit Court of Appeals following the Trump administration's decision to rescind protective school guidance for transgender students. Because the 4th Circuit's original ruling was heavily based on the Obama administration's guidance, the Supreme Court asked the lower court to revisit the case and rule on the underlying statutory question regarding the scope of Title IX. Many federal courts, including the court today, have affirmed that Title IX and other federal nondiscrimination laws prohibit discrimination against transgender people, including with respect to restroom access.

This decision reaffirms a 2016 ruling by the 7th Circuit Court of Appeals in Whitaker v. Kenosha Unified School District that held 'a policy that requires an individual to use a bathroom that does not conform with his or her gender identity punishes that individual for his or her gender nonconformance, which in turn violates Title IX.'

The Human Rights Campaign is America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender, and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work, and in every community.

Courtesy of the HRC

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Federal court affirms rights of Transgender students, orders school district to settle with plaintiff Gavin Grimm
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