Supreme Court gets transgender bathroom issue

Revocation of the trans student guidance shakes up the Supreme Court case.

The 17-year-old transgender teen says it is "upsetting" and "disappointing" to see the Trump administration has rescinded federal guidelines protecting transgender students at school - especially when it comes to using the bathroom.

By revoking this guidance, the Department of Justice and Department of Education are essentially rescinding their prior interpretation of Title IX regarding transgender student rights.

But Block said the letter from the Trump administration has only created confusion. Because of that, several lawyers and academics predicted Thursday that the Supreme Court will punt for now. "Ultimately the guidance is based upon statute and case law and statute and constitutional law".

A key question in the case is whether a federal law, known as Title IX, which bars sex discrimination in education, covers transgender students. "That's an interpretation that the court could certainly decide". But now court may bow out of the case in order to avoid a major ruling on transgender students.

"Every day I go in and I face the reality that I'm not allowed to use the same restroom as my peers", Grimm told NPR's All Things Considered on Thursday. The Supreme Court has stayed that ruling pending the planned March 28 oral arguments and a high court ruling.

The brief will be submitted with a case filed by Gavin Grimm, a Virginia transgender high school student who's opposing his school board for access to use the restroom matching his gender identity.

'I was hearing a lot of fear and a lot of frustration, ' he said of the protest. It directed schools to accommodate transgender kids' desire to use school bathrooms and locker rooms that reflect their gender identity. For instance, Lambda Legal, a nonprofit that advocates and litigates for LGBT clients, said court decisions are imminent in two of its cases that "could change the national landscape of employment law for LGBT people".

"[However] it's clear that by withdrawing this guidance the new administration has only made more litigation more likely", Block said.

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The administration is not directly involved in the case. In addition to the letter informing the court the guidance is now junked, the administration informed the court it no longer holds the view on Title IX as determined by the Obama administration. On Feb. 10, a federal appeals court refused to block a lower-court ruling that suspended the ban.

The tech companies' expected signings Friday supporting transgenders came two days after heavyweights, including Apple, Alphabet and Facebook, released statements in response to a Trump administration move on bathroom rights.

"The guidance that was put forward by the Obama administration, which clearly hadn't been done in a proper way in terms of how they solicited, or, rather, didn't solicit comments - the guidance it puts forward obviously sends a signal to the Court on where the administration stands on this issue", Spicer said.

The Gloucester County school board said the law known as Title IX was "intended to erase discrimination against women in classrooms, faculties and athletics".

This is tech's second human rights-related court brief. "They haven't said, 'Now we allow the regulation to permit this.' They're now taking a neutral view". His lawsuit argues the bathroom policy is unconstitutional under the 14th Amendment and violates Title IX of the U.S. Education Amendments of 1972, which prohibits sex discrimination by schools. "The Departments thus will not rely on the views expressed within them".

Civil rights lawyers said that's just wrong.

Holland acknowledged a ruling in favor of Grimm at the Supreme Court would make it more hard for the administration to ignore claims of anti-trans discrimination, but expressed doubt that would be the case, pointing to recent comments from White House chief strategist Steve Bannon at CPAC on seeking the "deconstruction of the administrative state".

"It was very frustrating", said Grimm.

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