Published: Fri, March 03, 2017
USA | By Angel Wallace

Judge issues injunction against Pennsylvania district in transgender case

Judge issues injunction against Pennsylvania district in transgender case

Newly appointed Secretary of Education Betsy DeVos called the Obama-era policies an "overreach" of federal power.

Of course, there is a federal law the explicitly applies to sex discrimination in schools - Title IX.

"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.

As The New York Times noted, it's unclear whether the Pine-Richland School District will continue to pursue its case on its bathroom policy. But since Trump's withdrawal of that guidance didn't replace it with new guidance, it's unclear what administrative positions - if any - the courts should give deference to.

"It's board policy", Hacker said.

The new guidance released Wednesday rescinds the May 2016 guidance as well as a January 2015 letter to Emily Prince from James Ferg-Cadima, who was then the acting deputy assistant secretary for policy in the Department of Education's Office for Civil Rights.

"This is a mean-spirited attack on hundreds of thousands of students who simply want to be their true selves and be treated with dignity while attending school", Mara Keisling, the executive director of the National Center for Transgender Equality, said in a statement. The UD board approved a policy permitting transgender students to use the restroom and locker room "that corresponds to the gender identity they consistently assert at school", in May of previous year.

"We would cross that bridge when we came to it", he said.

In the nearby Wissahickon School District, which has a similar policy, Superintendent James Crisfield's office said "nothing will change at Wissahickon".

"Like 'sex, ' as to these Plaintiffs, gender identity is neither transitory nor temporary", Hornak writes.

The state passed a law in 2013 that provides protections for transgender people in public places like schools. "I'm very happy and it's a relief", she said.

Lawyers for the school board did not immediately respond to a request for comment.

Jackie Evancho, left, and her sister Juliet have spoken out in favor of transgender rights.

The reversal of these protective policies has angered many civil groups and members of the LGBTQ community.

Hornak was apparently unconvinced by the district's argument that a student might "masquerade as being transgender" in an attempt to take advantage of protections for lewd purposes.

The state Department of Education has said its regulations for equity and equality in education say all students must be provided equal access to educational programs and services, regardless of their gender identity or expression. The school district appealed the Fourth Circuit's ruling.

The judge agreed with the plaintiffs' attorneys claims that the policy could be causing harm to the affected students.

Both the students and their supporters see this as a victory. "There was no problem before, and we are confident there will be no problem now".

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