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The Seventh Circuit Court of Appeals has once again reaffirmed the principle that transgender students must be granted access to restroom and locker room facilities in accordance with their gender identities. In a recent decision, the court upheld preliminary injunctions issued by lower courts, compelling two Indiana schools to ensure equal treatment for transgender students.
The legal actions, spearheaded by the American Civil Liberties Union of Indiana (ACLU of Indiana) and Indiana Legal Services (ILS), revolved around allegations that the Vigo County School Corporation and the Metropolitan School District of Martinsville had neglected to provide appropriate bathroom access for several transgender students, thereby infringing upon their rights.
The Court of Appeals concurred with the district courts’ findings, determining that the students had a substantial likelihood of prevailing in their claims. The denial of restroom and facility access on par with their peers, the court ruled, constituted a violation of both the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Title IX of the Education Amendments Act of 1972, specifically 20 U.S.C. §1681(a).
See also: Judge Blocks Kentucky’s Ban on Gender Care for Transgender Minors
Kenneth Falk, an attorney from the ACLU of Indiana, emphasized the adverse emotional and physical consequences endured by students who are denied access to appropriate facilities that align with their gender identities. He noted that these students often choose to abstain from restroom use altogether, highlighting the distressing impact of such exclusion. Falk asserted that schools should serve as secure environments for children and underscored the detrimental effects of withholding access to proper facilities.
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Megan Stuart, the director of advocacy and the LGBT Project at ACLU celebrated the Court of Appeals’ verdict, asserting its affirmation that school authorities must treat transgender students in line with their gender identities. Stuart commended Indiana Legal Services for their collaborative efforts with ACLU, championing the protection of LGBTQ+ rights and the expansion of legal safeguards to ensure the well-being of LGBTQ+ individuals.
Indiana Legal Services’ LGBT Project, a nonprofit legal firm dedicated to providing pro bono civil legal assistance to economically disadvantaged residents of Indiana, played a pivotal role as co-counsel in these cases. The organization’s mission centers around legal advocacy and representation for the LGBTQ+ community within Indiana.
In light of the Seventh Circuit Court of Appeals’ decision, both school districts are required to continue granting the plaintiffs access to appropriate facilities throughout the ongoing litigation process. This development serves as a significant stride forward in upholding the rights of transgender students and ensuring their equal treatment within the educational system.
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