The Palm Beach Post

Transgende­r teen to press case despite Trump move

ACLU lawyers say high court ruling is imperative.

- By Sandhya Somashekha­r Washington Post

WASHINGTON — Attorneys for a transgende­r teen who sued his school board for barring him from the boys’ bathroom said Thursday that they plan to continue to press his case before the U.S. Supreme Court, despite the Trump administra­tion’s decision to withdraw guidance on transgende­r students that had buoyed his lawsuit.

Lawyers with the American Civil Liberties Union, which is representi­ng 17-yearold Gavin Grimm, said they believe federal laws barring discrimina­tion on the basis of sex apply to transgende­r people regardless of the administra­tion’s position on the matter. They argue that in light of the fresh directive from President Donald Trump’s Cabinet — which on Wednesday revoked guidance instructin­g schools to let transgende­r students use the bathrooms of their choice — it is imperative that the high court rule on the merits of Grimm’s case.

“If anything, the confusion caused by this recent action by the Department of Justice and the Department of Education only underscore the need for the Supreme Court to bring some clarity here,” ACLU attorney Joshua Block said in a teleconfer­ence with reporters Thursday morning. Grimm’s case is scheduled for oral arguments in Washington on March 28.

The remarks came as fallout continued from the Trump administra­tion’s decision to roll back guidance from the last two years of Barack Obama’s presidency, policies that aimed to explain that transgende­r students have specific protection­s under Title IX, a federal law that bars gender discrimina­tion in the nation’s schools. The Obama administra­tion’s interpreta­tion of that law required schools to allow transgende­r students to use the bathroom of their choice, regardless of the sex listed on their birth certificat­es.

In a letter to public school administra­tors Wednesday, officials with the Justice and Education department­s withdrew that guidance, writing that they want to “further and more completely consider the le gal i ssues involved,” particular­ly the role of states and individual school districts in setting education policy.

Some religious conservati­ves, privacy advocates and officials in red states immediatel­y praised the Trump administra­tion for taking steps that they hope will restore power to the states and help protect the safety and privacy of non-transgende­r students.

T h e s c h o o l b o a r d i n Gloucester County, Virginia, where Grimm attends high school, also praised the decision, which they suggested could bolster their argument that their policy requiring Grimm to use a separate, single-stall restroom is appropriat­e.

“The Gloucester County School Board is pleased that the federal government has withdrawn the opinion letter at issue in its case,” Board Chair Charles Records said in a statement. “We look forward to explaining to the Supreme Court why this developmen­t underscore­s that the Board’s commonsens­e restroom and locker room policy is legal under federal law.”

A federal judge in Texas had temporaril­y blocked the Obama guidelines in response to a lawsuit from 13 states that accused the Obama administra­tion of federal overreach that usurped state power. Many school districts continued to follow the guidelines because of uncertaint­y about how to accommodat­e transgende­r children and out of a concern that they could be vulnerable to lawsuits or federal penalties.

The Trump administra­tion’s decision drew immediate rebukes, not just from advocacy organizati­ons but also from groups such as the American Federation of Teachers, and corporatio­ns such as Apple and Microsoft. In the past several years, businesses have been at the forefront of efforts to thwart state legislatio­n viewed as anti-gay or anti-transgende­r.

“Apple believes everyone deserves a chance to thrive in an environmen­t free from stigma and discrimina­tion. We support efforts toward greater acceptance, not less, and we strongly believe that transgende­r students should be treated as equals,” the company said in a statement. “We disagree with any effort to limit or rescind their rights and protection­s.”

Several Democratic members of Congress, including Senate Minority Leader Charles E. Schumer, N.Y., also expressed their displeasur­e at the Trump administra­tion’s decision.

“Equal rights and equal protection under the law are not issues that should be left up to the states, they ought to be guaranteed for every American, including all students,” Schumer said in a statement. “The federal government has an obligation to protect the rights of every citizen, and shirking that responsibi­lity allows states to step in and discrimina­te. This decision by the Trump administra­tion to roll back protection­s for transgende­r students is just plain wrong and cuts directly across the American drive and yearning for equality.”

Many liberal-leaning states — as well as school officials in some of the nation’s largest districts such as New York, Los Angeles and Philadelph­ia — moved quickly to reassure their communitie­s that transgende­r-friendly policies in those jurisdicti­ons would not change.

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 ??  ?? Gavin Grimm sued for being barred from boys’ bathroom.
Gavin Grimm sued for being barred from boys’ bathroom.

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