Within days of each other, two federal district judges have issued preliminary injunctions requiring public schools to allow transgender students to use restrooms consistent with the students’ gender identity. U.S. District Judge Algenon L. Marbley of the Southern District of Ohio, based in Cincinnati, issued his order on September 26 against the Highland Local School District on behalf of a “Jane Doe” 11-year-old elementary school student, in Board of Education v. U.S. Department of Education, … <Read More>
transgender rights
District Judge Enjoins Enforcement of H.B. 2 against Transgender Plaintiffs by the University of North Carolina
U.S. District Judge Thomas D. Schroeder granted a motion for preliminary injunction brought by attorneys for three transgender plaintiffs asserting a Title IX challenge to North Carolina’s bathroom bill, H.B.2. Carcano v. McCrory, 2016 U.S. Dist. LEXIS 114605 (M.D. N.C., August 26, 2016). Finding that the plaintiffs were likely to succeed on the merits of their Title IX challenge in his district court because he was bound by the 4th Circuit Court of … <Read More>
Formalistic Texas Appeals Court Refuses to Issue a Change of “Sexual Designation” for Transgender Petitioner
The Texas 14th District Court of Appeals in Houston upheld a trial judge’s denial of a transgender man’s request for a “gender designation change” embodied in a court order on August 2. In re Rocher, 2016 WL 4131626, 2016 Tex. App. LEXIS 8266. The court’s ruling turned on the absence of any Texas statute or regulation specifically authorizing courts to grant such requests.
According to the opinion for the three-judge panel by Justice … <Read More>
Federal Court Blocks Implementation Mississippi HB 1523
Just minutes before Mississippi’s anti-LGBT H.B. 1523 was scheduled to go into effect on July 1, U.S. District Judge Carlton W. Reeves filed a 60-page opinion explaining why he was granting a preliminary injunction to the plaintiffs in two cases challenging the measure, which he consolidated for this purpose under the name of Barber v. Bryant.
According to Judge Reeves, H.B. 1523 violates both the 1st Amendment’s Establishment of Religion Clause and the 14th Amendment’s … <Read More>
The current status of transgender legal rights in the U.S.
I was invited by Rabbi Sharon Kleinbaum to give a talk at Friday night services at Congregation Beit Simchat Torah on June 3 about the current status of transgender rights in the U.S. CBST observes Gay Pride Month with a series of guest speakers on Friday nights, and the first Friday of the month was designated as “Trans Pride Shabbat” this year. Below is a revised version of the text I prepared for that talk, … <Read More>
Federal Judge Refuses to Dismiss Michigan Transgender ID Case
A federal judge has refused to dismiss a claim by six transgender Michiganders that a state policy governing changes of sex designation on driver’s licenses and personal identification cards violates their constitutional privacy rights. The November 16 ruling in Love v. Johnson, 2015 U.S. Dist. LEXIS 154338, 2015 WL 7180471 (E.D. Mich), by Senior U.S. District Judge Nancy G. Edmunds, finds that transgender people have a fundamental right of privacy under the Due Process Clause … <Read More>
Transgender Student Loses Fight Over Expulsion from UPJ
The federal court for the Western District of Pennsylvania rejected a discrimination lawsuit by a transgender man who was expelled from the University of Pittsburgh at Johnstown in January 2012 for insisting on using men’s restroom and locker room facilities. Just one day before the federal Equal Employment Opportunity Commission ruled that the Army had unlawfully discriminated against a transgender woman by denying her the right to use women’s facilities, U.S. District Judge Kim R. … <Read More>
EEOC Rules on Transgender Employee Restroom Rights
The Equal Employment Opportunity Commission (EEOC), the agency charged with enforcement of federal bans on sex discrimination in employment, has ruled that a transgender woman employed in a civilian position by the U.S. Department of the Army, is entitled to use restroom facilities consistent with her gender identity, despite the agency’s objection to providing such access before the individual has undergone sex-reassignment surgery. Although the EEOC had previously ruled that refusal to employ somebody because … <Read More>
Justice Department Finds ATF Discriminated Unlawfully in Transgender Discrimination Case
The Justice Department’s Complaint Adjudication Office (CAO) issued a decision on July 8 holding that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) violated Title VII of the Civil Rights Act in 2011 when it denied a position as a contract Ballistics Forensic Technician to an applicant who was in the process of transitioning from male to female. In its first such ruling, the CAO applied an earlier decision in the case by the … <Read More>