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.

“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.”

I was barred from the bathroom at my highschool 7 years ago, when I was 15. 6 years ago, at 16, myself with the @ACLU/@ACLUVA filed suit in response to that discrimination. Twice since I have enjoyed victories in court, and now it's over. We won.

— Gavin Grimm 🏳️‍⚧️ (@GavinGrimmVA) June 28, 2021

“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

New top story from Time: ‘One Slip of the Tongue Could Ruin Things.’ Bipartisan Talks on Police Reform Advance—Delicately

https://ift.tt/2ScOdmJ A small bipartisan group of lawmakers in Washington are making an urgent push to get a police reform bill passed in Congress in the wake of a Minneapolis jury finding Derek Chauvin, a white former police officer, guilty of murdering George Floyd, a Black man, last May. Lawmakers on both sides of the aisle say they are optimistic that renewed bipartisan talks will result in a deal that can pass both of the closely split chambers of Congress. President Joe Biden has given lawmakers a deadline to get it done by the anniversary of Floyd’s death on May 25. “Congress should act,” said Biden during his joint address on Wednesday. “We have a giant opportunity to bend the arc of the moral universe toward justice.” The way forward in reforming America’s police force must now be found in a legislative body regularly paralyzed by partisanship and disagreement, on an issue that has become so divisive that compromise can translate to losing support from member...

New top story from Time: After Its Deployment in Upstate New York, Residents Raise Concerns Over Gun Violence Task Force

https://ift.tt/375f9sG In the midst of nationwide calls to move away from age-old police tactics towards incorporating more community-led responses to gun violence, one U.S. Attorney’s decision to form a task force—with the goal of taking “proactive” measures to address gun violence in two cities in New York—has drawn criticism from local residents. James P. Kennedy Jr., U.S. Attorney for the Western District of New York, announced the formation of the Violence Prevention and Elimination Response (VIPER) task force on July 7, intended to combat a recent surge of gun violence in Rochester and Buffalo, NY. Combining the work of city, state and federal agencies, VIPER’s focus is to get high-level and well-known gun offenders off the cities’ streets, Kennedy said. [time-brightcove not-tgx=”true”] Similar federal-led initiatives are rolling out across other cities in the country. Last week, the Department of Justice launched a series of firearms trafficking strike forces in “fi...

New top story from Time: Facebook’s Surprise Antitrust Victory Could Inspire Congress to Overhaul the Rules Entirely

https://ift.tt/2UK7nBE Facebook won a major victory this week when a judge dismissed two lawsuits that argued the social media giant was a monopoly. But critics of Big Tech hope the rulings will be just the leverage they need to update antitrust laws that still have legal grounding in the effort to break up Standard Oil more than a century ago. Monday’s ruling means that Facebook , for now at least, is safe from being forced to spin out its WhatsApp and Instagram subsidiaries into separate businesses. Facebook’s stock market valuation surged to more than $1 trillion for the first time ever as investors reacted to the news—a rise of nearly 5%. [time-brightcove not-tgx=”true”] But Facebook is not out of the woods yet. The court noted in its ruling that competition watchdog the Federal Trade Commission (FTC) could refile an amended complaint with more evidence within 30 days. And in Washington, bigger threats are brewing. What did the ruling say? The decision, by the Fe...

New top story from Time: The Capital Gazette Found Justice. But Can the Newspaper Survive?

https://ift.tt/3l5r0iS I sat 10 feet behind the man who plotted to murder me. It was the final day of his sanity trial, giving a jury power to decide if he understood what he was doing three years ago when he the illusion of safety created by the glass doors of our Annapolis newsroom . Among the evidence were two years spent stockpiling weapons, identifying targets while sitting in the office parking lot with a camera, statements that he hoped to appear insane, letters taking responsibility for his attack and a revelation that after murdering four people, he put down his shotgun to surrender. Then he spotted a survivor under a desk, picked up the weapon and obliterated one more life. [time-brightcove not-tgx=”true”] That was Gerald Fischman, a brilliant opinion page editor and my friend for 25 years. He died during minutes of carnage on June 28, 2018 along with Rob Hiaasen, Wendi Winters, John McNamara and Rebecca Smith. I listened to the man’s public defender offer a ...

New top story from Time: Facebook’s Market Value Climbs Over $1 Trillion as Judge Dismisses Antitrust Suits Against the Social Network

https://ift.tt/3hirG0C Facebook Inc. won a court ruling dismissing two monopoly lawsuits filed by the U.S. government and a coalition of states that sought to break up the company, dealing a blow to the effort of antitrust officials to take on the biggest tech platforms. The decision by U.S. District Judge James Boasberg in Washington on Monday sent Facebook shares soaring, pushing the company’s market value to more than $1 trillion. Boasberg granted the company’s request to dismiss the complaints filed last year by the U.S. Federal Trade Commission and state attorneys general led by New York, saying in his opinion that the FTC failed to meet the burden for establishing that Facebook has a monopoly in social networking. [time-brightcove not-tgx=”true”] The judge said the FTC failed to clearly define the market and said its assertion about Facebook’s share of the market was “too speculative and conclusory to go forward.” He said the agency could refile the complaint within ...

New top story from Time: As Myanmar’s Junta Intensifies Its Crackdown, Pro-Democracy Protesters Prepare for Civil War

https://ift.tt/3cUWeEQ Before the Feb. 1 coup, Zarni Win* worked for a United Nations-funded committee that monitored a ceasefire between Myanmar’s junta and ethnic armed groups. Today, the 27-year-old from Yangon, the country’s largest city, is getting ready to enlist in one of those groups herself. “Now is the time to start preparing to eliminate the terrorist military,” she tells TIME. “I am ready to join the armed revolution.” Myanmar is veering dangerously toward all-out civil war as the military, known as the Tatmadaw, terrorizes the public , and attacks restive ethnic territories. The U.N. special envoy for Myanmar, Christine Schraner Burgener, warned on Mar. 31 that “a bloodbath is imminent.” In an online presentation cited by the Associated Press, she said civil war “at an unprecedented scale” was a possibility and spoke of Myanmar’s deterioration into a “failed state.” Protesters in Myanmar have maintained a largely peaceful resistance to dictatorship since ...

New top story from Time: Google’s Employee Vaccine Mandate Could Influence Other Companies to Do the Same

https://ift.tt/3BQnXRv (SAN RAMON, Calif.) — Google is postponing a return to the office for most workers until mid-October and rolling out a policy that will eventually require everyone to be vaccinated once its sprawling campuses are fully reopened in an attempt to fight the spreading Delta variant. In a Wednesday email sent to Google’s more than 130,000 employees, CEO Sundar Pichai said the company is now aiming to have most of its workforce back to its offices beginning Oct. 18 instead of its previous target date of Sept. 1. The decision also affects tens of thousands of contractors who Google intends to continue to pay while access to its campuses remains limited. [time-brightcove not-tgx=”true”] “This extension will allow us time to ramp back into work while providing flexibility for those who need it,” Pichai wrote. And Pichai disclosed that once offices are fully reopened, everyone working there will have be vaccinated. The requirement will be first imposed at Goog...

New top story from Time: All 53 People Aboard Indonesia Submarine Declared Dead After Vessel’s Wreckage Found

https://ift.tt/3ezrzg5 ANYUWANGI, Indonesia — Indonesia’s military on Sunday officially said all 53 crew members from a submarine that sank and broke apart last week are dead, and that search teams had located the vessel’s wreckage on the ocean floor. The grim announcement comes a day after Indonesia said the submarine was considered sunk, not merely missing , but did not explicitly say whether the crew was dead. Officials had also said the KRI Nanggala 402’s oxygen supply would have run out early Saturday, three days after vessel went missing off the resort island of Bali. “We received underwater pictures that are confirmed as the parts of the submarine, including its rear vertical rudder, anchors, outer pressure body, embossed dive rudder and other ship parts,” military chief Hadi Tjahjanto told reporters in Bali on Sunday. “With this authentic evidence, we can declare that KRI Nanggala 402 has sunk and all the crew members are dead,” Tjahjanto said. An underwater ro...

New top story from Time: Why Joe Biden Should Stick to the May 1 Deadline to Bring Home Troops From Afghanistan

https://ift.tt/3cWYYAw Secretary of Defense Lloyd Austin’s impromptu visit to Kabul over the weekend where he claimed the United States seeks a “responsible end” to the war followed Secretary of State Tony Blinken’s letter to Afghan President Ashraf Ghani and a leaked U.S. peace plan. These moves have made one thing clear: Washington’s foreign-policy elite is once again deluding itself, this time to think that if U.S. troops are kept in Afghanistan a bit longer, a deeper civil war can be evaded, the Taliban can be kept in check and the gains Afghans have achieved in urban areas can be protected. The reality is, whether or not President Biden withdraws all U.S. forces by May 1 in accordance with a U.S.-Taliban agreement , something he describes as “tough,” Afghanistan is likely to spiral into more violence. President Biden must accept the logical conclusion of this reality: The only variable he can control is whether American soldiers will be the target of that violenc...

New top story from Time: Simone Biles Pulls Out of Olympic Vault and Uneven Bars Finals

https://ift.tt/378sUXI Simone Biles has withdrawn from the event finals for vault and uneven bars at the Tokyo Olympics. USA Gymnastics announced the news in a statement on July 31, adding that Biles will continue to be evaluated to determine if she will compete in the women’s floor exercise and balance beam finals. The floor exercise will take place on Aug. 2 and the balance beam final will be held on Aug. 3 After further consultation with medical staff, Simone Biles has decided to withdraw from the event finals for vault and the uneven bars. She will continue to be evaluated daily to determine whether to compete in the finals for floor exercise and balance beam. pic.twitter.com/kWqgZJK4LJ — USA Gymnastics (@USAGym) July 31, 2021 Biles pulled out of the team and individual all-around competitions , citing the need to focus on her mental health . She has also shared that she is experienced the “ twisties ,” a condition in which gymnasts lose their sense of orientation...

My precise view

Search This Blog