LGBT issues

  • February 23, 2017
    Guest Post

    by Harper Jean Tobin, Director of Policy, National Center for Transgender Equality

    Gavin Grimm, a high school senior in Virginia, had to sit through two public school board meetings during his sophomore year while his neighbors openly discussed his body parts and restroom use while pointedly referring to him as a “young lady,” calling him a “freak,” or comparing him to someone who thinks he is a dog. Gavin is a transgender boy. He had used the boys’ restroom at school for weeks with the full support of his fellow students before those school board meetings, where the school district ultimately decided to bar him from the boys’ restroom. For the over two years since then, Gavin has had to make a “walk of shame” to the nurse’s office each time he needs to use the restroom, a daily reminder that his school thinks he isn’t worthy of being treated like his peers.

    There are hundreds of thousands of transgender students like Gavin in schools all across the country. K–12 schools, as well as colleges and universities, began developing policies over a decade ago to answer everyday questions about supporting transgender students. Today, over 40 percent of U.S. K­­–12 students attend schools with local policies or statewide laws or guidelines that clearly support transgender students’ rights to learn in a safe environment and be treated according to their gender identity, including when it comes to using facilities. 

    Enter Title IX. Starting in 1999, a growing number of federal courts began to rule that federal sex discrimination laws applied to discrimination against transgender people. The rulings relied on two major Supreme Court precedents: Price Waterhouse v. Hopkins (1989), which held that discrimination based on gender stereotypes violates Title VII of the 1964 Civil Rights Act; and Oncale v. Sundowner Offshore Services (1998), which stated that Title VII applies to any gender-based discrimination, not just specific scenarios Congress imagined in 1964. Eventually, five federal appeals courts and over a dozen district courts agreed that Title VII, Title IX, and other sex discrimination laws applied to anti-transgender bias, while only a handful disagreed.

  • August 24, 2016

    By Kevin Battersby Witenoff

    Julie Ebenstein at the ACLU Blog reports a federal court held the system currently in place for electing school board members in Ferguson, Mo. violates the Voting Rights Act and systematically disadvantages African-Americans.

    Days after issuing an injunction prohibiting the Education Department from enforcing antidiscrimination guidelines intended to protect transgender students, a lawsuit aiming to deny expanded access to medical care for transgender Americans has landed on the desk of Judge Reed O’Connor, writes The Editorial Board at The New York Times.

    Fiona Ortiz and Alistair Bell explain the consequences of a 2-1 decision from a panel of the 6th U.S. Circuit Court of Appeals that upheld a law eliminating Ohio’s early voting period in an article for Reuters

    The Department of Justice submitted a brief to a class action law suit asserting the United States’ current bail system unfairly discriminates against the poor, reports Lauren C. Williams of Think Progress.

  • August 17, 2016

    By Kevin Battersby Witenoff

    In The Hill, Melissa Boteach and Rebecca Vallas advocate to reform TANF and expound upon the necessity to improve other social welfare programs.

    The ACLU has filed a lawsuit against the Florida Department of Corrections on behalf of transgender woman, Reiyn Keohane. The ACLU and Keohane are alleging the DOC has infringed upon her Eighth Amendment rights by disallowing hormone therapy treatment, reports Andrew V. Pestano of UPI.

    The Huffington Post published an op-ed by Jason Steed in which he explains why it may be in Republican Senators' best interest to reconsider a hearing for Supreme Court nominee Merrick Garland.

    Annalyn Kurtz in The New York Times highlights the challenges faced by new mothers in a male-dominated field that are representative of the struggles females encounter in the workplace across the country.  

  • August 15, 2016

    By Kevin Battersby Witenoff

    The Seventh Circuit Court was unwilling to extend Title VII non-discrimination protection based on sexual orientation, reports George M. Patterson at The National Law Review

    David G. Savage at the Los Angeles Times reports North Carolina and Wisconsin lawyers are attacking gerrymandered electoral maps that ensure suppression of voters of particular races and party affiliation.

    The Editorial Board at The New York Times shares the difficulties of citizens in Sparta, Ga. who experience overt voter suppression reminiscent of Jim Crow.  

    After a report released by the Department of Justice exposed the Federal Bureau of Prisons’ failure to appropriately monitor and control regulations in for-profit prisons, Carl Takei reexamines their necessity in an op-ed for The Marshall Project

  • August 10, 2016
     
    Since discontinuing “Stop and Frisk” policies, which disproportionately target African and Latino Americans, New York City’s crime rate has decreased dramatically, reports Brentin Mock at City Lab.
     
    Adam Liptak at The New York Times cites a new study showing criminal defendants appearing in front of the Supreme Court are less likely to have expert counsel than any other type of defendant. 
     
    J. Lester Feder and Nikki Tsukamoto Kininmonth explain in a recent article on BuzzFeed how, even after a 2003 law allowed for individuals to change their legal gender, doctors in Japan are using an antiquated and oppositional diagnosis to help Transgender people.
     
    According to an article by Elizabeth Olson in The New York Times, the American Bar Association is considering an amendment to its model rules of professional conduct that would prohibit harassment and discrimination by practicing lawyers.