Tallahassee (News Service Florida)
Reversing the July ruling, the Federal Court of Appeals will hear a dispute over whether transgender boys should be allowed to use boys’ toilets at high schools in St. Johns County. ..
The 11th U.S. Circuit Court of Appeals on Monday violates equal protection because it is “arbitrary” to ban Drew Adams from using boys’ toilets under the policy of the St. Johns County Board of Education. The three judges’ rulings on July 14 were abandoned.
Following the 2-1 panel decision, the Board of Education requested a full Atlanta-based Court of Appeals to hear the case. This is a request known as seeking an “enbanc” hearing.
The court issued a paragraph order on Monday, granted the request and reversed the panel’s ruling. As is often the case, the notice did not explain the court’s decision.
According to a July ruling, Adams was born as a biological woman, but in the second year of middle school, he told his parents that he was a trans-gender man. A lawsuit filed by Adams and his mother in 2017 stems from Nice High School requiring Adams to use a gender-neutral single-stall bathroom or a girls’ bathroom.
Judge Timothy Corrigan of the US District Court ruled in favor of Adams in 2018 and urged the school board to appeal.
The July Court of Appeals stated that the school district’s policy on bathroom use is arbitrary as it relies on the information submitted when students enroll in the school district, rather than updated information. rice field. Adams entered the district in fourth grade and had information describing him as a woman, but later he obtained a legal document describing him as a man. He graduated from Nice High School as the court battle continues.
The panel said some said that if a trans-gender man is listed as a man in the registration information, it could allow the trans-gender man to use the boy’s bathroom, but Adams Was banned because was listed as a woman in the initial information. The panel said the policy “contrary to the Fourteenth Amendment (guaranteeing equal protection) because it does not even succeed in treating all transgender students alike.”
Written and attended by Judge Beverly Martin, the panel’s ruling stated that “the school district has the birth certificate provided at the time of admission over the same document provided when the bathroom policy was applied to the student. I haven’t explained why. ” By Judge Jill Pryor. “And we didn’t come up with our own explanation. Mr. Adams has a birth certificate and driver’s license issued by Florida to show that he is a man, but the school district does. For the purposes of our bathroom policy, we refuse to accept Mr. Adams’ gender as described in current government-issued documents. “
However, Judge William Pryor wrote a long opposition to the panel’s decision.
“If there is a misunderstanding of school policy and the legal standards governing gender classification, this complaint is easy,” wrote the Supreme Court. “School policy protects the long-standing privacy interests inherent in bathroom use, and it protects in an old and unobtrusive way by separating bathrooms based on gender. The policy is not unconstitutional. “
However, in majority opinion, Martin disagreed, writing that “this case is not a challenge to a gender-segregated bathroom.”
“The policy is based solely on the information provided at the time of registration and transgender students who update the document prior to registration are not prohibited from using a bathroom that matches the gender of the legal document,” Martin said. Is writing. “Of course, this is in contrast to the treatment Adams received. Despite the horror parade envisioned by the opponents, this opinion does not solve other student privacy issues.”
In a document calling for the case to be heard throughout the court this month, a school board lawyer claimed that the panel had ignored the broader issue of the controversy.
“This case has always been the importance of students using the bathroom, where the definition of gender based on realistic and lasting biological differences between boys and girls is freed from members of the biological gender of the opposite sex. It was about whether to significantly advance the benefits of good privacy, “the document said. “But the court has not answered that question. The school board requires that all committees in this court do so.”
"hear" - Google News
August 24, 2021 at 09:43AM
https://ift.tt/3kn7psw
Full Court of Appeals to Hear Transgender Bathroom Battles - Floridanewstimes.com
"hear" - Google News
https://ift.tt/2KTiH6k
https://ift.tt/2Wh3f9n
Bagikan Berita Ini
0 Response to "Full Court of Appeals to Hear Transgender Bathroom Battles - Floridanewstimes.com"
Post a Comment