Skip to main content

New top story from Time: In Win For LGBTQ Rights, Supreme Court Declines to Hear Appeal Challenging Landmark Trans Rights Ruling

https://ift.tt/3x4RZ10

The U.S. Supreme Court declined to hear an appeal on Monday to a circuit court ruling that required a Virginia school to let a transgender student use the bathroom corresponding with his gender identity. The decision delivers a major win for Grimm as well as LGBTQ advocates that have decried bathroom bans and other anti-trans policies that have sprung up across the U.S. this year, many of which target trans youth.

The case began in 2015 when Gavin Grimm, a then-16-year-old transgender teen, sued his public high school over a policy that prevented him from using the boys restroom, instead directing him to use a unisex one. With the backing of the ACLU, Grimm’s suit alleged the policy violated the Equal Protection Clause of the 14th Amendment and Title IX, which prohibits sex discrimination in schools.
[time-brightcove not-tgx=”true”]

The Obama-era Justice Department supported Grimm’s position, and in 2016 the 4th U.S. Circuit Court of Appeals ruled in his favor. The school board appealed, and the Supreme Court agreed to take up the case in 2017. But later that year the Trump Administration revoked an Obama-era directive to schools to not discriminate on the basis of gender identity, so SCOTUS then sent the case back to the 4th Circuit to reevaluate. The 4th Circuit ruled in Grimm’s favor again in 2020, and the school board once again appealed. But to no avail: the Supreme Court declined to hear that appeal, leaving in place the 4th Circuit’s ruling and handing Grimm one last and final win.

While the court did not offer reasoning in its order, Justices Samuel Alito and Clarence Thomas dissented, signaling they would have taken up the case.

Read more: I’m a Transgender Boy and I Should Be Able to Use the Restroom in Peace

“I am glad that my years-long fight to have my school see me for who I am is over,” said Grimm in a statement. “Being forced to use the nurse’s room, a private bathroom, and the girl’s room was humiliating for me, and having to go to out-of-the-way bathrooms severely interfered with my education. Trans youth deserve to use the bathroom in peace without being humiliated and stigmatized by their own school boards and elected officials.”

“This is an incredible victory for Gavin and for transgender students around the country,” said Josh Block, a senior staff attorney with the American Civil Liberties Union (ACLU) LGBTQ & HIV Project, in a statement. “Our work is not yet done, and the ACLU is continuing to fight against anti-trans laws targeting trans youth in states around the country.”

Douglas NeJaime, a professor of law at Yale Law School, tells TIME that in some ways the order is not surprising because “the logic follows” from 2020’s Bostock v. Clayton County case, in which the Supreme Court ruled that firing individuals for being gay or transgender violates Title VII’s ban on sex discrimination. “The reasoning in that opinion would apply to a range of federal laws that prohibit sex discrimination, including in education,” he explains.

“Courts across the country will take note of Gavin Grimm’s decision, and decisions in appellate and district courts around the country that have consistently ruled in favor of transgender students,” says Paul Castillo, counsel and students’ rights strategist at Lambda Legal, an LGBTQ legal advocacy organization. (The 4th Circuit’s ruling will apply to school policy in states in the mid-Atlantic, including Maryland and Virginia, but the issue remains unsettled nationwide.)

The order also comes weeks after the Biden Administration reversed a Trump-era policy on June 16, issuing a letter announcing the Department of Education interprets federal protections against sex discrimination to include protections of LGBTQ students.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections,” said U.S. Secretary of Education Miguel Cardona, in a statement that same day, adding that the “Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”

Comments

Popular posts from this blog

FOX NEWS: Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast.

Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast. via FOX NEWS https://ift.tt/lTOH3qM

FOX NEWS: Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell.

Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell. via FOX NEWS https://ift.tt/Cp2cU0x

New top story from Time: Pioneering Gay Rights Activist and Photojournalist Kay Lahusen Dies at 91

https://ift.tt/34uhD2y Kay Lahusen, a pioneering gay rights activist who chronicled the movement’s earliest days through her photography and writing, has died. She was 91. Known as the first openly gay U.S. photojournalist, Lahusen died Wednesday at Chester County Hospital outside Philadelphia, following a brief illness. Together with her partner, the late activist Barbara Gittings , Lahusen advocated for gay civil rights years before the 1969 Stonewall uprising in New York helped launch the modern LGBTQ era. She captured widely published images of some of the nation’s first protests. Lahusen “was the first photojournalist in our community,” said Mark Segal, a friend of more than 50 years and founder and publisher of the Philadelphia Gay News. “Practically every photo we have of that time is from Kay.” [time-brightcove not-tgx=”true”] Lahusen photographed a series of gay rights demonstrations held in front of Philadelphia’s Independence Hall each July 4 from 1965 to 1969...

FOX NEWS: Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast.

Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast. via FOX NEWS https://ift.tt/sfQG8Vu

FOX NEWS: Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell.

Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell. via FOX NEWS https://ift.tt/g3GeP5Y

FOX NEWS: Memorial Day sales to shop ahead of the holiday weekend Memorial Day weekend is upon us, and while the unofficial kickoff of summer may be a gift in itself, there’s plenty of deals to be had.

Memorial Day sales to shop ahead of the holiday weekend Memorial Day weekend is upon us, and while the unofficial kickoff of summer may be a gift in itself, there’s plenty of deals to be had. via FOX NEWS https://ift.tt/3wqnodA

FOX NEWS: Students sing to teacher with stage 4 cancer outside hospital: 'It was overwhelming' In an emotional goodbye visit, 26 children sang worship songs prior to Carol Mack's move to hospice care

Students sing to teacher with stage 4 cancer outside hospital: 'It was overwhelming' In an emotional goodbye visit, 26 children sang worship songs prior to Carol Mack's move to hospice care via FOX NEWS https://ift.tt/YVZPIdc

FOX NEWS: Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list.

Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list. via FOX NEWS https://ift.tt/vLosNzW

FOX NEWS: Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list.

Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list. via FOX NEWS https://ift.tt/y2GX1IF

FOX NEWS: Boy bullied for Tony Stark Halloween costume goes viral: ‘He’s just brave’ Jill Struckman told Fox News about how her 10-year-old son Evan returned to school after being bullied for his Tony Stark Halloween costume.

Boy bullied for Tony Stark Halloween costume goes viral: ‘He’s just brave’ Jill Struckman told Fox News about how her 10-year-old son Evan returned to school after being bullied for his Tony Stark Halloween costume. via FOX NEWS https://ift.tt/3vX5j80