A federal judge rejected a school district’s challenge to President Barack Obama’s rule on transgender bathrooms on Monday, ordering a biologically male student who identifies as female be treated “like the girl she is.”
Judge Algenon Marbley said the Highland Local Schools in Morrow County had failed to provide a persuasive argument that giving the student access to the girls’ restroom would jeopardize other students’ privacy or safety. He further ordered that Highland use a female name and pronouns in referring to the 11-year-old.
“School districts that have encountered these very issues have been able to integrate transgender students fully into the academic and social community without disruption, and certainly without the doomsday scenarios Highland predicts, such as sexual predators entering an elementary-school restroom,” he wrote.
There’s “certainly no evidence” the student, referred to in court documents as Jane Doe, is likely to violate other students’ privacy or put their safety at risk when using the girls’ restroom, he wrote.
Joseph Weissman, an attorney for the student, says in a statement that the court has taken an important step in protecting the student’s rights.
“Every student has a right to be free from discrimination and harassment while at school, and we are pleased the Court has taken this important step in protecting Jane Doe’s rights,” Weissman said.
The school district’s legal team said in a statement that it is appealing the judge’s ruling.
“Schools have a duty to protect the privacy, safety, and dignity of all students, but the judge’s order today doesn’t allow the Highland Local School District to do that,” said Doug Wardlow, legal counsel for Alliance Defending Freedom.
He said allowing boys in girls’ restrooms disregards the privacy and rights of all the girls who are concerned. Wardlow said the district crafted a sound policy that respects the privacy concerns of all children and the diverse needs of individual children.
The Highland schools sought to block enforcement of a federal directive that public schools let students use bathrooms and locker rooms matching their gender identities, noting that they had provided alternative bathroom facilities for the student in the office. The office restroom is used by school personnel and other adults, and the child’s parents said using it was taking “a toll on her mental health.”
The federal guidance was the Democratic administration’s interpretation of how Title IX, a law against sex discrimination, should apply to transgender students. A federal district court in Texas has issued a sweeping preliminary injunction against enforcement of the regulations in a lawsuit filed by Texas and at least 11 other states.
However, Marbley said because Ohio wasn’t a party to that lawsuit and because Highland’s lawsuit began before its decision the Texas court’s action doesn’t apply in this case.
Highland stood to lose $1 million in education funds annually for violating the rule.
First and foremost, a school’s funding shouldn’t be held ransom because of these issues, but apparently that’s the norm for O’s administration.
Secondly, an eleven year-old child is not mature to decide if he was supposed to be a girl, but that’s also a norm nowadays – parents letting their kids run things. If they were so concerned about his mental health, they should have had a long talk with the kid when the issue first started made that child aware of what he’s letting himself in for by making this choice.
As Reverend Franklin Graham said :
The federal government was threatening the district with a loss of $1 million in education funds annually for violating this ridiculous and dangerous rule. What about the rights of all the other students who want their privacy and don’t want students of the opposite sex in the restrooms, locker rooms, and showers with them? What about the sexual predators who take advantage of bad policies like this?
The Obama administration is morally bankrupt and is pushing the lesbian/gay/transgender agenda on our nation. And it’s time the church recognizes this—we’d better wake up, and we’d better stand up against it while we can. Homosexuality is an abomination to God. Christians should not give our blessing by our silence.
This is another example of why who you vote for in the presidential election is so critical. The next president of the United States will appoint well over 100 powerful federal judges during their term. This liberal judge in Ohio was appointed by Bill Clinton in 1997. The rulings of these federal judges impact each and every one of us on a daily basis—and they affect the direction of our nation. It just shows you how important the next election is.
He’s right and it doesn’t apply only to the SCOTUS. These judges are disregarding the rights of many in favor of one or two. Common decency and common sense are things of the past.