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. Tyler Warner, 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.