Transgender students across the country are fighting for the right to use restrooms that correspond to their gender identities. And an injunction that has thwarted their efforts will officially not be challenged by President Donald Trump’s team.

The Justice Department filed a legal brief on February 10 withdrawing the government’s objections to the injunction, a move that could impact an upcoming Supreme Court case. In August, a Texas federal judge issued the injunction to prevent President Barack Obama’s administration from enforcing a directive which mandates that public schools allow transgender students to choose restrooms based on their gender identities. Non-compliance, according to the previous administration, would violate Title IX, a federal law that prohibits sex-based discrimination in public schools.

Judge Reed O’Connor wrote in the injunction that the government didn’t follow proper rule-making procedures–also known as “notice and comment”–and couldn’t implement requirements based on “the interpretation that the definition of sex includes gender identity.” 

Trump’s latest move could affect the outcome of a case involving Gavin Grimm, a transgender student who sued the Gloucester County, Virginia school board after his high school refused to let him use the boy’s bathroom. Grimm–who recently received a shout-out from “Orange is the New Black” actress and trans activist Laverne Cox at the Grammys–is scheduled to go to the Supreme Court in March. But the Washington Post reported that because his case is partially based on Obama’s directive, it may not move forward.

While on the campaign trail in April, Trump said he believed that transgender people should be able to “use the bathroom they feel is appropriate.” At the time, he also criticized HB2, a bill signed by North Carolina Governor Pat McCrory that requires people to use only the restrooms corresponding to their biological sex–although Trump primarily addressed the economic impact of the bill on the state’s businesses.

But after the Obama Administration directive came out in May, Trump said he believed the matter should be left up to the states, not the federal government. He used the same argument when he later contradicted himself and announced his support for HB2.   

The DOJ dropped its opposition to the injunction one day after Jeff Sessions was sworn in as Attorney General. Sessions has a history of voting against the expansion of rights for Americans in the LGBTQ community: he has opposed marriage equality, workplace protections for LGBTQ employees, and the inclusion of sexual orientation under the definition of hate crimes. The Human Rights Campaign, an LGBTQ advocacy group which scores politicians on their civil rights records, rates him at 0 percent.

Although Trump has promised to protect LGBTQ Americans (specifically from “the violence and oppression of a hateful foreign ideology”) Vice President Mike Pence’s record on LGBTQ rights is similar to Sessions’. And over the summer, the Republican Party updated its platform to support the idea that parents should be free to make medical decisions for their children. Some saw that move as approval of conversion therapy–the use of psychological and sometimes physical discipline, including electroshock treatment, as a means of changing someone’s sexual orientation or gender identity. 

Victoria Sheridan

Victoria is an editorial intern at Law Street. She is a senior journalism major and French minor at George Washington University. She’s also an editor at GW’s student newspaper, The Hatchet. In her free time, she is either traveling or planning her next trip abroad. Contact Victoria at VSheridan@LawStreetMedia.com.

The post Trump Administration Pulls Support for Transgender Bathroom Protections appeared first on Law Street.

In a lot of ways, 2016 was the year in which the fight over transgender individuals’ access to the bathroom that corresponds with their gender identity came to the forefront. From North Carolina’s “bathroom bill” that was passed in March, to the directive issued by the Obama Administration in August that instructed all public schools to allow students to use the bathroom that corresponds to their gender identity, it’s been a newsworthy topic for the year. Now, to kick off 2017, SCOTUS will be weighing in on a Virginia case that could provide more clarity on the issue.

Gavin Grimm, who attends high school in Virginia’s Gloucester County, is transgender. He began to take hormones and grow facial hair, and started to use the men’s bathroom early in his high school career. But some parents complained, and the school board decried that students would have to use the bathroom that corresponded to their “biological gender.” So, Grimm sued the school board over the decision. The case has now made it all the way to the Supreme Court, after a federal appeals court ruled earlier this year in favor of Grimm. While the court is deciding, Grimm will still have to abide by the school board’s decision.

Right now, the Supreme Court still only has eight members, as no one has filled the void left by Justice Antonin Scalia’s death. Hopefully a new member will be confirmed by the time the case is actually heard, although in the case of a 4-4 split the lower court’s decision in favor of Grimm would remain.

Grimm wrote an op-ed in the Washington Post in which he explained the humiliating and inhumane experiences he has had at the hands of the school’s policies. He describes how he has had to go off school grounds to use the restroom at some points and how it has been suggested that he use the single stall unisex restroom “so that no one else would have their privacy invaded by using the same restroom as me.” But Grimm also addresses the issue with a sense of hope, saying:

I did not choose to announce to the news media that I am transgender. My school board made that decision for me. But now that I am visible, I want to use my position to help the country see transgender people like me as real people just living our lives. We are not perverse. We are not broken. We are not sick. We are not freaks. We cannot change who we are. Our gender identities are as innate as anyone else’s.

I hope the justices of the Supreme Court can see me and the rest of the transgender community for who we are — just people — and rule accordingly.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post SCOTUS to Weigh in on Transgender Bathroom Access appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. The shooting of 12 police officers in Dallas, Texas during a protest has left many concerned and downright furious about the future of gun violence in America. See what the nation’s top leaders had to say:

The Presidential Candidates React to #Dallas

Last night Dallas law enforcement officers were shot during a protest. The protests were in response to Alton Sterling and Philando Castile’s recent deaths. The assassinations of these five police officers has left many with a sour taste in their mouth and presidential candidates Trump, Clinton, and Sanders have each offered their words of condolence and solidarity.

Hillary Clinton:

I mourn for the officers shot while doing their sacred duty to protect peaceful protesters, for their families & all who serve with them. -H

— Hillary Clinton (@HillaryClinton) July 8, 2016

Donald Trump:

Prayers and condolences to all of the families who are so thoroughly devastated by the horrors we are all watching take place in our country

— Donald J. Trump (@realDonaldTrump) July 8, 2016

Bernie Sanders:

The attack on police officers in Dallas last night is horrifying and despicable. We must as a nation stand against violence of all kinds.

— Bernie Sanders (@BernieSanders) July 8, 2016

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: July 8, 2016 appeared first on Law Street.

As the war over North Carolina’s restrictive HB 2 wages on, and the Department of Justice (DOJ) and Governor Pat McCrory go head to head, the Obama Administration is officially weighing in. The administration issued a guidance to public schools today, stating that schools must allow transgender students to use the bathroom that matches their gender identity.

The letter, sent by the DOJ and the Department of Education, is intended as “significant guidance.” That means that it doesn’t create any new laws, but “provides information and examples to inform recipients about how the Departments evaluate whether covered entities are complying with their legal obligations.” The letter defines often mis-used terms such as transgender, gender identity, and transition. The letter clearly states its expectations for the nations’ public schools when it comes to dealing with students who are transgender:

The Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity.

As it pertains particularly to restrooms and other facilities like locker rooms, the letter states:

A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity.14 A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so. A school may, however, make individual-user options available to all students who voluntarily seek additional privacy.

However, unsurprisingly, some states are viewing the letter as fighting words. Texas Governor Greg Abbott has said that he will be working with North Carolina to fight the directive, and Lieutenant Governor Dan Patrick stated:

This is truly a modern-day Come and Take It moment. Texans will not stand for this…This will create chaos in America and in its schools, and it’s now going to be one of the key issues in the presidential election. Because she supports this policy, this may have cost Hillary Clinton the election.

It’s clear that the fight over bathroom use isn’t going to go away any time soon, and that transgender students in many states will continue to struggle with discrimination, hate, and fear. As we hurtle toward the 2016 election, we should expect to hear a lot more about the use of public bathrooms.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Obama Administration Issues Guidance on Transgender Treatment in Schools appeared first on Law Street.

With the long weekend coming up, you’ll have some extra time to laugh about the weird, stupid, and ill-advised things that people try to do that end with a trip to the police station. To get you started, check out the slideshow below of the five weirdest arrests this week:

[SlideDeck2 id=26400 ress=1]

—

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Socrate76 via Wikimedia]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Weird Arrests of the Week appeared first on Law Street.