Posted on 08/06/2018 1:39:42 PM PDT by yesthatjallen
EVANSVILLE, Ind. — As Evansville Vanderburgh School Corp. students return to the classroom Wednesday, a student is now permitted to use the restroom consistent with his gender identity after an Indianapolis judge ruled in his favor.
U.S. District Judge William Lawrence of Indianapolis issued a preliminary injunction Friday that requires the EVSC allow a transgender high school student who identifies as male to use male restrooms, according to an American Civil Liberties Union of Indiana news release. EVSC attorney Pat Shoulders said he will appeal the injunction.
The 17-year-old transgender male filed a lawsuit through the ACLU in February suing the EVSC over student bathroom access. Identified in the suit by initials J.A.W., the student argued his rights were violated under the 14th Amendment and Title IX after school administrators reportedly told him to use either women’s restrooms or a private bathroom connected to the nurse’s office, or he may be disciplined.
Lawrence ruled the preliminary injunction was justified as J.A.W. was “likely to prevail” in his claim the refusal to allow him to use male restrooms violated his rights.
“The likely negative emotional consequences of being denied access to the boys’ restrooms at school would constitute irreparable harm to J.A.W.,” Lawrence said in a statement.
In a statement, the EVSC said: "We remain committed to maintaining safe and caring learning environments for all of our students."
Shoulders said the preliminary injunction, by definition, is preliminary and means the order is in effect until there is a final ruling.
“This ruling pertains to one student and one student only out of the 23,000 who will begin the school year on Wednesday,” Shoulders said. “The EVSC will continue as it has in the past to comply with Indiana law and Indiana Department of Education regulations. All federal statutes as interpreted by the U.S. Justice Department and the U.S. Department of Education. All of which seem to suggest that sex is determined biologically not psychologically.”
J.A.W. was diagnosed with gender dysphoria, which the American Psychiatric Association defines as a conflict between a person's physical or assigned gender and the gender with which the person identifies. J.A.W. is taking hormones under a physician’s care to develop male characteristics.
ACLU of Indiana Attorney Ken Falk said the judge’s decision “affirms denying a student his right to use the correct restroom is discrimination, plain and simple.”
“This is consistent with the great wealth of authority and many Indiana school corporations follow the law in this regard,” Falk said in a statement. “I would hope that with this decision those Indiana school corporations that continue to have discriminatory policies in place will take heed and change them without the need for litigation.”
Victory! This decision affirms that denying a student his right to use the correct restroom is discrimination, plain and simple.
ETC...
The one at the nearest mortuary...
On several occasions, I've taken my wife into the men's room. This is usually in situations like concerts, state fairs or sporting events where there is a huge line for the women's room and my wife is unable to hold it in that long. There is never a line to get into the men's room. So in those situations, I'll take her in there, put her in a stall, and stand outside of it and I never got a hassle.
The only thing really different about a men's room to a women's room is that there are urinals in addition to the stalls. Yes, all the men's rooms have baby changing stations now - but I've never seen anybody actually using one.
So when women go into a men's room, they can go right to a stall and bypass the urinals - unless maybe they are at a Rolling Stones concert.
They have privacy in the stall. So I don't really see what all the fuss is about.
All this nonsense would go away tomorrow if we made all the restrooms unisex. By keeping them separate, we are simply giving the freaks something else to "feel special" about.
My son has a transgender male (born female) in his grade.
She only dates gay guys.....go figure that one out!!!!
Did she grow gonads? Did she grow a penis? Did she change her chromosomes? If I feel like its going to snow on August 7th in Georgia, does that make it so? Idiots all.
I dont want women in mens rooms either.
They barge in a women right now and they should be tossed out for that.
I don’t want a woman walking by me while I am doing my business at a urinal.
“I don’t want a woman walking by me while I am doing my business at a urinal.”
Don’t go to Germany or Eastern Europe—babushkas are frequently bathroom attendants.
I wouldn’t know.
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