3 transgender students ‘win’ bathroom battle
Judge rules Pennsylvania school students can use washrooms of their choice
Pittsburgh, Feb. 28: A federal judge on Monday ruled that three transgender students at a Pennsylvania high school, including the sister of a singer who performed at President Donald Trump’s inauguration, can use bathrooms that correspond to their stated gender identities while their lawsuit challenging the school district’s policy continues.
The judge said in issuing a preliminary injunction that the three — two students born anatomically male who now identify as female and one born anatomically female who identifies as male — were reasonably likely to win the case on equal protection grounds.
US district Judge Mark Hornak said the PineRichland School District north of Pittsburgh has not demonstrated its policy advances an important governmental interest, nor is there evidence that personal privacy is being threatened. “Other than perhaps one report received by the high school principal in October 2015 from a student that ‘there was a boy’ in the girls bathroom ... followed by a parent inquiry along the same lines in early 2016, there have been no reports of ‘incidents’ where the use of a common restroom by any one of the plaintiffs has caused any sort of alarm to any other student,” the judge wrote. He said there also is no evidence any of the three has done anything to invade anyone’s “physical or visual privacy” at the school. The three, all seniors, sued to challenge the policy in October. One of the students, Juliet Evancho, 18, is the sister of Jackie Evancho, who sang at Trump’s inauguration. Another student, Elissa Ridenour, 18, told the Pittsburgh PostGazette on Monday that she was relieved by the news, and she and the other plaintiffs will soon start using the bathrooms of their choice. “Even though it’s such a small win, it really is huge in this respect. I’m very happy and it’s a relief,” she said. Last week, the administration ended federal protection for transgender students that allowed them to use public school bathrooms and locker rooms matching their gender identities.