Tag Archives: bathroom access

Transgender student wins as U.S. Supreme Court rebuffs bathroom appeal

By Lawrence Hurley

WASHINGTON (Reuters) -The U.S. Supreme Court on Monday handed a victory to a transgender former public high school student who waged a six-year legal battle against a Virginia county school board that had barred him from using the bathroom corresponding with his gender identity.

The justices left in place a lower court’s ruling that the Gloucester County School Board had acted unlawfully in preventing Gavin Grimm from using the boys’ bathroom before he graduated in 2017. In doing so, the court opted against taking up a major transgender rights case that could have set a nationwide precedent on the issue.

The court turned away the board’s appeal of a 2020 ruling by the Richmond-based 4th U.S. Circuit Court of Appeals that Grimm is protected under the federal law known as Title IX that bars sex discrimination in education and the U.S. Constitution’s requirement that people be treated equally under the law.

The brief court order noted that conservative Justices Clarence Thomas and Samuel Alito would have taken up the case.

“We won,” Grimm, now 22, wrote on Twitter. “I have nothing more to say but thank you, thank you, thank you. Honored to have been part of this victory.”

Grimm sued the school board in 2015. The Supreme Court previously took up the case in 2016 but did not issue a ruling and sent it back to lower courts.

The 4th Circuit ruling does not set a national legal precedent, but it does apply to the five states within its jurisdiction: Maryland, North Carolina, South Carolina, Virginia and West Virginia.

Bathroom access represents one of the major issues in the fight over transgender rights, and Grimm’s suit was the most prominent legal case on the subject. But the legal and political battles over protections for transgender Americans, both in education and in society as a whole, are set to continue.

Several states including Florida have enacted laws that block transgender women and girls from competing in sports. The Supreme Court may yet rule on the bathroom access issue and related transgender rights matters in future cases.

“Our work is not yet done,” said Josh Block, an American Civil Liberties Union lawyer who represents Grimm.

Block said the decision by the justices not to hear the case indicates that they see no urgency to weigh in on the issue.

“The court can see that trans kids have been using the restrooms and none of the apocalyptic fears have actually come to pass,” Block added.

The school board did not immediately respond to a request for comment.

President Joe Biden’s administration, reversing the position taken under his predecessor Donald Trump, said on June 16 that Title IX protects both gender identity and sexual orientation. The administration has not said specifically how that applies to school bathroom access.

Grimm, assigned female gender at birth, identifies as male. Grimm initially enrolled at Gloucester High School as a girl and started attending as a male student in September 2014. With the school’s permission, Grimm used the boys’ bathroom for about seven weeks without incident.

After complaints from parents, the school board adopted a policy in December 2014 requiring students to use the bathroom corresponding with their gender at birth. Grimm was given the option of using a separate gender-neutral bathroom, but refused, feeling stigmatized.

Judge Henry Floyd, writing for the 4th Circuit, said the school board’s actions constituted “a special kind of discrimination against a child that he will no doubt carry with him for life.” The 4th Circuit upheld a federal judge’s 2019 ruling in Grimm’s favor.

Grimm’s case was previously set to be argued at the Supreme Court in 2017 but was taken off the schedule after Trump’s administration rescinded guidance issued under his predecessor Barack Obama regarding bathroom access for transgender students.

The Biden administration has reversed various Trump policies on LGBT issues.

The Supreme Court issued a landmark 2020 ruling that gay and transgender people are protected under a federal law that bars sex discrimination in employment. That ruling helped guide the 4th Circuit’s decision in Grimm’s case and the Biden administration’s position on Title IX protections.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Trump administration drops North Carolina ‘bathroom bill’ lawsuit

FILE PHOTO: A sign protesting a North Carolina law restricting transgender bathroom access. REUTERS/Jonathan Drake

(Reuters) – The Trump administration on Friday dropped a lawsuit accusing North Carolina of discriminating against LGBT residents after the state replaced its “bathroom bill”, although a key civil liberties group vowed to keep fighting the new law in court.

In a two-sentence court filing the Justice Department said it had dropped its lawsuit, filed last year by the Obama administration, because the North Carolina legislature had replaced it with a new law called House Bill 142.

The filing marks the first significant move in a complicated legal battle challenging the state’s nondiscrimination laws since the replacement of the original law, known as House Bill 2 or more commonly as the “bathroom bill.”

House Bill 2’s most controversial provision was the requirement that in state-run buildings transgender people use the bathrooms, changing rooms and showers that corresponded to the sex on their birth certificates rather than their gender identity.

A number of businesses and sports leagues boycotted North Carolina because they saw the year-old law as discriminatory against the lesbian, gay, bisexual, and transgender (LGBT) community. Civil liberties groups also protested the move.

The American Civil Liberties Union, the ACLU of North Carolina, and Lambda Legal filed a lawsuit challenging the law in March of last year. That was followed in May by the Justice Department’s own suit against House Bill 2.

James Esseks, the ACLU’s LGBT Project Director said the new law is flawed because it keeps a ban on cities and counties from creating their own nondiscriminatory ordinaces until 2020 and relegates to the state legislature the power to regulate bathroom access. The legislature has purposefully not taken any action to define access, he said.

House Bill 142 “leaves transgender people in limbo and that’s intentional,” Esseks said. “This does not fix the problem. It creates confusion.”

Esseks said his group planned to amend their lawsuit soon to challenge the new bill.

(Reporting by Nathan Layne in New York; Editing by Dan Grebler and Chizu Nomiyama)

NCAA again weighing North Carolina as host after bathroom law repeal

FILE PHOTO - A bathroom sign welcomes both genders at the Cacao Cinnamon coffee shop in Durham, North Carolina, U.S. on May 3, 2016. REUTERS/Jonathan Drake/File Photo

By Colleen Jenkins

WINSTON-SALEM, N.C. (Reuters) – The National Collegiate Athletic Association said on Tuesday it will again consider allowing North Carolina to host championship games after the state replaced a law it deemed discriminatory against lesbian, gay, bisexual and transgender (LGBT) people.

The NCAA had stripped North Carolina of championship events to protest the law, which required transgender people to use bathrooms matching the sex on their birth certificate rather than their gender identity and limited protection against discrimination of LGBT people.

Last week, state legislators in Raleigh passed a new law that repealed the bathroom measure. But they also banned cities from enacting their own anti-discrimination protections for LGBT people until 2020 and permanently blocked local legal protections for transgender people in restrooms.

The NCAA said those restrictions concerned its board of governors, who had preferred a full repeal of the year-old law known as House Bill 2.

A majority of the board “reluctantly” voted to permit the state to be considered for championship games in light of the new measure, the NCAA said.

“This new law has minimally achieved a situation where we believe NCAA championships may be conducted in a nondiscriminatory environment,” the governing body for U.S. college athletics said in a statement.

The announcement came hours after the North Carolina Tar Heels’ men’s basketball team clinched the national title Monday night. Coach Roy Williams had opposed HB 2, which prompted the NCAA to move two rounds of the Division I men’s tournament out of hoops-crazed North Carolina.

Critics of the new law, signed by Democratic Governor Roy Cooper after being approved by the Republican-controlled legislature on Thursday, called the NCAA’s announcement disappointing.

They argue the state is continuing to discriminate against LGBT people with a measure they have dubbed “HB2.0.”

“After drawing a line in the sand and calling for repeal of HB 2, the NCAA simply let North Carolina lawmakers off the hook,” Human Rights Campaign President Chad Griffin said in a statement.

The Atlantic Coast Conference, another major collegiate athletic league, also has restored North Carolina’s eligibility to host championship sporting events.

Cooper and top Republican lawmakers, Senate Leader Phil Berger and House of Representatives Speaker Tim Moore, said in statements they were pleased by the NCAA’s move.

After a year of boycotts by corporations, conventions and concerts, elected officials said the revised measure addressed discrimination concerns while still protecting safety and privacy in government restrooms.

(Editing by Jeffrey Benkoe)

College league ends North Carolina boycott after bathroom law revoked

FILE PHOTO: A sign protesting a North Carolina law restricting transgender bathroom access. REUTERS/Jonathan Drake

(Reuters) – The Atlantic Coast Conference (ACC), a major collegiate athletic league, said on Friday it has restored North Carolina’s eligibility to host championship sporting events after the state repealed restrictions on bathroom access for transgender people.

The ACC move was the first organization to end the kind of boycotts imposed on North Carolina by various athletic and business entities in a protest against last year’s enactment of the so-called bathroom law, denounced by opponents as discriminatory.

After months of political wrangling, the Republican-controlled legislature on Thursday repealed that law, which required transgender individuals entering restrooms, locker rooms and showers in public buildings to use facilities that matched their sex at birth, as opposed to their gender identity.

The statute, widely known as HB 2, also barred local governments in the state from enacting their own anti-discrimination protections in housing, employment and other areas on the basis of sexual orientation or gender identity.

In its place, the HB 2 repeal prevented local jurisdictions from enacting such anti-discrimination measures until 2020.

The HB 2 repeal also reserved for state lawmakers sole authority to regulate access to “multiple occupancy restrooms, showers or changing facilities” in the future.

The repeal was signed into law by Democratic Governor Roy Cooper, the former state attorney general who opposed HB 2 from the outset and unseated the former Republican governor last year in large part over political and economic fallout from the bathroom bill.

The new measure drew sharp condemnation from civil rights advocates, who saw it as a largely empty political gesture.

The move by the ACC was a hopeful sign for supporters of the repeal who hoped it would be enough to persuade boycotting organizations to end protests that cost North Carolina’s economy hundreds of millions of dollars.

“This compromise was a first step to repairing our state’s reputation and economy, and it’s encouraging to see the ACC put North Carolina back on its list,” Cooper said afterward.

In boycotting North Carolina, the ACC followed the lead of the National Collegiate Athletic Association (NCAA), which had made a similar decision a few days earlier.

The NCAA board is also considering a return to North Carolina, NCAA President Mark Emmert said on Thursday. A decision was expected in the coming days, he said.

In basketball-crazed North Carolina, the withdrawal of NCAA tournament games and the National Basketball Association All-Star game, which had been awarded to Charlotte, reverberated throughout the state.

(Reporting by Daniel Trotta; Additional reporting and writing by Steve Gorman; Editing by Cynthia Osterman and Eric Meijer)

North Carolina in stalemate over bathroom law as NCAA deadline looms

FILE PHOTO: A sign protesting a recent North Carolina law restricting transgender bathroom access adorns the bathroom stalls at the 21C Museum Hotel in Durham, North Carolina May 3, 2016. REUTERS/Jonathan Drake/File Photo

By Colleen Jenkins

WINSTON-SALEM, N.C. (Reuters) – North Carolina’s leading Republican lawmakers and Democratic governor hit a fresh impasse on Tuesday over a fix for a state law that restricts bathroom access for transgender people, putting lucrative hosting duties for NCAA championships at risk.

State Senate leader Phil Berger and House of Representatives Speaker Tim Moore held an evening news conference to announce a tentative deal to repeal the bathroom measure, which has spurred boycotts by corporations, conventions and concerts.

They credited Governor Roy Cooper with making the proposal, but the governor’s office quickly issued a statement saying no suitable compromise had been reached.

The stalemate came hours after a local sports official said the NCAA would not let North Carolina host college sports championship events through 2022 unless there are changes to the law commonly known as House Bill 2 by Thursday.

“If HB 2 has not been resolved by that time, the NCAA will have no choice but to move forward without the North Carolina bids,” Scott Dupree, executive director for the Greater Raleigh Sports Alliance, said in a statement on Twitter.

He said a “contact very close to the NCAA” had confirmed the impending deadline.

Asked for comment, NCAA spokeswoman Gail Dent referred to a statement by the governing body for U.S. college athletics last week on the one-year anniversary of the law. In it, the NCAA maintained HB 2 did not assure a discrimination-free atmosphere for events.

North Carolina is the only state that bars transgender people from using government-run restrooms that match their gender identity. The law also limits protection from discrimination for lesbian, gay, bisexual and transgender people.

A prior repeal bid failed during a one-day special legislative session in December.

By then, the NCAA had stripped North Carolina of championship events scheduled for the current academic year in protest of the law, including two rounds of this month’s Division I men’s basketball tournament.

The organization has said it would begin selecting sites this week for events through spring of 2022.

On Tuesday, Berger and Moore announced a deal that would repeal HB 2 and give the state the authority to regulate multi-occupancy bathrooms and shower facilities, which they said would safeguard privacy. But Berger told reporters they spoke with Cooper on their way to the news conference, and the governor denied making the proposal.

Cooper spokesman Ford Porter accused the lawmakers of a political stunt. He said the governor objected to a provision that he said would allow discrimination to persist by permitting people to sue over claims of their “rights of conscience” being violated.

(Reporting by Colleen Jenkins; Editing by Tom Brown and Bill Trott)

School board in key transgender case seeks U.S. high court delay

File Photo: A bathroom sign welcomes both genders at the Cacao Cinnamon coffee shop in Durham, North Carolina, United States on May 3, 2016. REUTERS/Jonathan Drake/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – The Virginia school board sued by a student over bathroom access in a major transgender rights case asked the U.S. Supreme Court on Wednesday to delay the matter until at least April, when President Donald Trump’s conservative nominee could be on the bench and potentially cast the deciding vote.

Lawyers on both sides of the dispute urged the justices to decide the case even though the Trump administration on Feb. 22 rescinded Obama administration guidance to public schools to let transgender students use bathrooms corresponding to their gender identity. The Gloucester County School Board asked for the delay so the Trump administration, which is not a party in the case, can file a brief providing its views.

The court, currently one justice short, has scheduled oral arguments for March 28 on whether the school board violated a federal anti-discrimination law when it blocked Gavin Grimm, a female-born transgender high school student who identifies as male, from using the boys’ bathroom. A ruling is due by the end of June.

Trump on Jan. 31 nominated appeals court judge Neil Gorsuch to fill the vacancy on the court caused by the February 2016 death of conservative justice Antonin Scalia. The Senate has scheduled Gorsuch’s confirmation hearings to begin on March 20 and Senate Majority Leader Mitch McConnell has said he hopes Gorsuch will be confirmed before the start of a Senate recess in mid-April.

The court currently has four conservatives and four liberals. Gorsuch’s confirmation would restore a long-standing conservative majority.

If the justices delay arguments until the court’s two-week session beginning April 17 or even put it over until the next court term starts in October, Gorsuch potentially could participate. If the court hears the case with eight justices, it could split 4-4, which would leave in place a lower court’s ruling favoring the student, Gavin Grimm, but set no nationwide legal precedent.

The justice asked both sides to weigh in after the Trump administration’s action.

Although Trump’s decision to roll back Obama’s May 2016 guidance effectively knocked out one of the legal questions in the case, lawyers on both sides said the justices can still decide whether a federal law, known as Title IX, that bars sex discrimination in education covers transgender students.

Trump’s move “makes resolution of that question more urgent than ever,” said Joshua Block, an American Civil Liberties Union lawyer who represents Grimm and opposed a postponement.

“Delaying resolution of that question will only lead to further harm, confusion and protracted litigation for transgender students and school districts across the country,” Block added.

The court could take a more cautious approach and send the case back to the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals to reconsider its April 2016 ruling in favor of Grimm in light of the Trump administration’s action.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

North Carolina rebuffs transgender bathroom law repeal

Lawmakers confer during a negotiations on the floor of North Carolina's State Senate chamber as they meet to consider repealing the controversial HB 2 law

By Marti Maguire

RALEIGH, N.C. (Reuters) – North Carolina’s Republican-controlled legislature on Wednesday rejected a bid to repeal a state law restricting bathroom access for transgender people, which has drawn months of protests and boycotts by opponents decrying the measure as discriminatory.

A one-day special legislative session ended abruptly after the state Senate voted against abolishing a law that has made North Carolina the latest U.S. battleground over lesbian, gay, bisexual and transgender (LGBT) rights.

The repeal legislation was rejected 32-16, leaving the bathroom restrictions in place statewide. The rejection followed Republican-led political maneuvering that tied repeal to a second provision that would have temporarily banned cities from affirming transgender bathroom rights.

Democratic Senator Jeff Jackson said the repeal effort failed because Republicans reneged on their deal to bring the measure to a floor vote with no strings attached.

The moratorium on municipal bathroom regulations, described by Jackson as a “poison pill,” withered Democratic support, and in the end all 16 Senate Democrats joined 16 Republicans in voting against repeal. Another 16 Republicans voted for it.

The Senate then adjourned without acting on the temporary municipal ban. The state’s House of Representatives had already called it quits.

Democratic Governor-elect Roy Cooper accused Republican leaders of back-peddling on an agreement ironed out in lengthy negotiations. He said both chambers had the votes for a full repeal, but divisions within the Republican Party killed it.

“The Republican legislative leaders have broken their word to me, and they have broken their trust with the people of North Carolina,” he said.

Senate Republican leader Phil Berger earlier defended the proposal to link repeal with temporary municipal restrictions as a genuine attempt at compromise, citing “the passion and disagreement surrounding this issue.”

After the vote, outgoing Republican Governor Pat McCrory blamed “well-funded left-wing interest groups” that he said “sabotaged bipartisan good faith agreements for political purposes.”

BACKLASH OVER BATHROOM RESTRICTIONS

Earlier in the week, McCrory had called the special session to consider scrapping the law, which passed in March and made North Carolina the first state to bar transgender people from using public restrooms that match their gender identity.

Supporters of the statute, known as House Bill 2 (HB 2), have cited traditional values and a need for public safety, while opponents called it mean-spirited, unnecessary and a violation of civil liberties.

The national backlash was swift and fierce, leading to boycotts that have been blamed for millions of dollars in economic losses for the state as events, such as business conferences and the National Basketball Association’s 2017 All-Star Game, were moved out of North Carolina.

The pushback contributed to McCrory’s razor-thin defeat in a fall re-election bid against Cooper, an opponent of the law.

HB 2 was enacted largely in response to a local measure in Charlotte that protected the rights of transgender people to use public bathrooms of their choice.

The Charlotte City Council on Monday repealed its ordinance as a prelude to the state repealing HB 2.

Civil liberties and LGBT rights groups condemned the outcome, accusing the legislature of breaking its promise to do away with HB 2.

“It is a shame that North Carolina’s General Assembly is refusing to clean up the mess they made,” said James Esseks, an American Civil Liberties Union executive.

The North Carolina Values Coalition hailed the legislature for upholding the law and refusing to give in to “demands of greedy businesses, immoral sports organizations or angry mobs.”

(Additional reporting by David Ingram; Writing by Letitia Stein, Daniel Trotta and Steve Gorman; Editing by Tom Brown, G Crosse and Lisa Shumaker)