Federal Appeals Courts Agree: Trans People Belong in Schools
On Wednesday, yet another federal appeals court ruled that allowing a transgender boy to use the boys’ restrooms and locker rooms does not violate the rights of cisgender students or parents. The decision is a resounding victory for trans youth and all who care about gender justice in schools and beyond.
At this point, two federal appeals courts have rejected the arguments from those who want to keep transgender people out of public life – including schools. They argued that protecting trans students violates Title IX, the law that protects all of us from sex discrimination in education. And in each case, courts rejected these arguments.
One of the most awful parts of these cases, for me, is the other side’s argument that just using the restroom becomes an act of sexual harassment if the person using it is trans. Given how often trans people face actual sexual harassment and violence, it is galling when our opponents attempt to pervert the law and use it as a weapon to drive us out of public space. They say that our very presence in public facilities is so offensive that schools have an obligationto kick us out. The court roundly rejected that argument, stating that the “use of facilities for their intended purpose, without more, does not constitute an act of harassment simply because a person is transgender.”
This Oregon school district did the right thing when it chose not to discriminate against a transgender young person by giving him equal access to facilities, and reminding teachers and staff of their duty to prevent bullying. As the court said, the school had “the legitimate purpose of protecting student safety and well-being, and eliminating discrimination on the basis of sex and transgender status.” What’s more, “nowhere does the statute explicitly state, or even suggest, that schools may not allow transgender students to use the facilities that are most consistent with their gender identity.”
Throughout this case, trans youth and allies from Oregon and around the country have rallied to insist on fairness and decency. , a transgender high school student from Sutherlin, Oregon who was targeted in a similar suit, says, “I want every trans kid in Oregon to know that they have rights. Being segregated into a single-user bathroom isn’t ok.” Trans students also spoke out in an amicus brief, including K.E., a transgender boy in Idaho who had to give up cross country because he wasn’t allowed to use the boys’ locker room. He heard about a transgender wrestler in Texas and all the “challenges he dealt with,” and “did not even want to try it.”
“I want every trans kid in Oregon to know that they have rights. Being segregated into a single-user bathroom isn’t ok.”
Tyler Warner, high school student from Oregon targeted for being trans
As exciting as this victory is, it comes at a moment when trans youth are under renewed attack. After failing in their attempts to push trans people out by focusing on restrooms and locker rooms, our opponents have shifted gears to target trans people by trying to keep us from getting the healthcare many of us need, and keeping us out of sports. Dozens of states have introduced bills targeting trans youth. The same day that this federal court ruled that protecting trans students doesn’t violate Title IX, a lawsuit was filed attacking trans student athletes in Connecticut, in yet another misuse of this federal law. As Terry Miller, one of the trans girls targeted in this new law suit says, “There is a long history of excluding Black girls from sports and policing our bodies. I am a runner and I will keep running and keep fighting for my existence, my community, and my rights.”
“There is a long history of excluding Black girls from sports and policing our bodies. I am a runner and I will keep running and keep fighting for my existence, my community, and my rights.”
Terry Miller, student athlete targeted for being trans
We need to make sure trans youth like Tyler, K.E., and Terry never have to fight alone. I encourage you to tell your local lawmakers that trans students belong in our schools and that these attacks need to end.
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON — The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The American Civil Liberties Union is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. “By passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson’s last minute health care ban for servicemembers’ kids.” If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military’s since-repealed “Don’t Ask, Don’t Tell” policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. – A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver’s licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.” “Once again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,” said Akilah Deernose, executive director for the ACLU of Montana. “Here in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.” “Forcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.” The state has the option of appealing the district court’s ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one’s gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The ACLU brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.