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READ IT HERE: Defendants’ brief in case challenging anti-trans bathroom school policy

Transgender Rights

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Fourth Circuit map
The defendants’ brief in a teenager’s challenge to his school’s bathroom policy has been filed.

The plaintiff’s brief, in addition to arguing against the school’s policy, also suggested that the appeals court should assign a different district judge when it sends the case back after its own ruling. The judge had made some anti-scientific comments about being transgender.

This brief supports the policy, and in addition, asks the court not to refer the case to a district court judge, suggesting that the record doesn’t show any reason for that.

Thanks to Equality Case Files for these filings

19 Comments

  • 1. JayJonson  |  November 24, 2015 at 8:15 am

    The state of Arkansas must record the names of both partners in a same-sex marriage on the birth certificates of their children, a judge ruled on Monday.

    Three lesbian couples had challenged the refusal of the Arkansas Health Department's Vital Statistics Bureau to identify them as the adoptive or biological parents of their respective children.

    Monday's order applies only to the three couples who brought suit. They claimed they were unconstitutionally denied the treatment afforded heterosexual parents, including unmarried parents.

    Circuit Judge Tim Fox of Little Rock, who ruled from the bench, said he would consider broadening his finding to include all same-sex couples with children in Arkansas, and issue a written decision later.

    "He made it pretty clear where he's going," said Cheryl Maples, attorney for the plaintiffs.

    "It's another step forward for gay couples," Maples said, "and I'm sure the next step is right around the corner."

    The couples, all married, filed suit after the U.S. Supreme Court in June made same-sex marriage legal nationwide.

    Read more at Reuter shttp://www.reuters.com/article/2015/11/23/us-arkansas-gaymarriage-idUSKBN0TC2HQ20151123#3t3OHuqE2KIta70s.99

  • 2. David_Las_Cruces_NM  |  November 24, 2015 at 12:36 pm

    The case of G.G. v. Gloucester Co. School Board highlights an important failing in modern society.

    Every major world religion and many secular philosophies include some form of The Golden Rule in their teachings—treat your neighbor the way that you yourself want to be treated. As a society we suck slimy sewer sludge at following this simple principle.

    Individuals want to be treated with dignity and respect, so of course said individuals should treat their neighbors with the same dignity and respect that they themselves want to receive.

    Clearly, some of G.G.'s fellow students and the students' parents are unwilling to treat G.G. with the respect he deserves (to be completely and unconditionally accepted as a male) because these individuals are more concerned with what G.G. has in his jeans (and forcing G.G. to conform to their irrational expectation for how G.G. should behave) than how their actions have made G.G. feel.

    How many of G.G.'s fellow students (or the students' parents) would pitch a fit if they were required to use a wash room that was not consistent with their gender identity? From now on, the manly men of the boy's varsity sports team no longer can use the restroom consistent with their gender identity but must go to a single-stall wash room or use the girls' toilet. Shoe, meet the other foot.

  • 3. bayareajohn  |  November 24, 2015 at 12:41 pm

    Once again, this site's side links (newest posts) is built wrong, using expired security certs, giving warnings to readers when they click. Oddly, only some links there do this.
    http://www.equalityontrial.com uses an invalid security certificate. The certificate is only valid for the following names: *.pantheon.io, pantheon.io, *.gotpantheon.com, gotpantheon.com, *.getpantheon.com, getpantheon.com (Error code: ssl_error_bad_cert_domain)

  • 4. bayareajohn  |  November 24, 2015 at 12:49 pm

    On the other hand, guess who will be sued for failing to protect him if GG is beaten, raped, or killed in a boy's restroom by high school boys, who are notoriously lacking in social conscience?

  • 5. David_Las_Cruces_NM  |  November 24, 2015 at 1:27 pm

    High school boys, especially those notoriously lacking in social conscience, might attack a fellow student, male or female, for any number of reasons in a restroom, in gym class, in the hallway, or out of school. Individuals notoriously lacking in social conscience have an abundance of opportunities for criminal behavior.

  • 6. VIRick  |  November 24, 2015 at 1:58 pm

    Plus, high school boys lacking in social conscience would probably more likely go after a transgender female (perceived as being a "sissy"), rather than a transgender male, who just might whip their ass. The Virginia case in question involves a transgender male.

  • 7. VIRick  |  November 25, 2015 at 1:06 am

    NOM Faces Federal Complaint over Failure to Disclose Finances

    The anti-gay National Organization for Marriage could face a potential IRS investigation, after failing to disclose financial details. The lobbying group, which unsuccessfully argued against same-sex marriage in all 50 states, has previously faced court cases over its unwillingness to reveal donation and fundraising information.

    Today, 24 November 2015, the Human Rights Campaign filed a formal complaint with the IRS against the National Organization for Marriage, accusing them of “violating federal law” by refusing to file a Form 990 annual report. HRC wrote: “Following their 16 November deadline, NOM is required by law to provide a copy of the organization’s Form 990s for the previous fiscal year on the same day any in-person request is made. http://www.pinknews.co.uk/2015/11/24/anti-gay-gro

  • 8. scream4ever  |  November 25, 2015 at 10:58 am

    I suspect this means that they're embarrassed by their numbers, and are nearing the verge of collapse.

  • 9. VIRick  |  November 25, 2015 at 1:26 pm

    TEXAS: Republican Leader Tanya Robertson Calls For Statewide Ballot On Secession From USA

    Texas Republican Party committee member Tanya Robertson wants to place a secession vote on the GOP primary ballot. The "Houston Chronicle" reports:

    Robertson, State Republican Executive Committee member for Senate District 11, which covers parts of Harris, Galveston and Brazoria counties, said she’ll present the resolution at the committee’s December 4 meeting in Austin, and that she already has support from a few other members. “There’s been a big groundswell of Texans that are getting into the Texas independence issue,” she said, citing conversations she’s had with constituents. “I believe conservatives in Texas should have a choice to voice their opinion.”

    Texas GOP chairman Tom Mechler says he doubts Robertson has the support to have her item approved. http://www.joemygod.com/2015/11/25/texas-republic

    Next question: Plus, what happens if Mexico doesn't want Texas back???

  • 10. bayareajohn  |  November 25, 2015 at 1:35 pm

    Can we get them to take Florida out with them?

  • 11. Mike_Baltimore  |  November 25, 2015 at 1:46 pm

    I wonder if Ms. Robertson has ever had the SCOTUS decision, 'Texas v White', explained to her? She certainly hasn't read the decision.

  • 12. guitaristbl  |  November 25, 2015 at 4:26 pm

    Good Riddance. The sane people living there should leave anyway imo. Also take Alabama with you.

  • 13. VIRick  |  November 25, 2015 at 6:27 pm

    Vietnam Passes Law Protecting Rights of Transgender People

    On 24 November 2015, Vietnam passed landmark legislation which protects the rights of transgender people. The new law was hailed by LGBT rights activists, and next, the hope is that gender reassignment surgery will be available.

    Currently, the surgery is illegal in the communist state, and trans people who want to under go it usually have to travel to Thailand to receive it. However, Tuesday’s legislation will allow those who have undergone gender reassignment surgery to register under the gender appropriate to their gender identity. With a while to wait, the law will come into effect in the first part of 2017.

    Politicians in Vietnam voted 282 to 84 for the new law. The state-controlled website VNExpress, wrote that “individuals who undergo transgender change will have the right to register [their appropriate gender]." It went on to say that they would then receive “personal rights in accordance with their new sex."

    A report from the Vietnamese Parliament said the law had hoped to “meet the demands of a part of society… in accordance with international practice, without countering the nation’s traditions.”

  • 14. VIRick  |  November 25, 2015 at 6:51 pm

    The man who kept gay groups out of Boston’s St. Patrick’s Day Parade has died.
    http://www.lgbtqnation.com/2015/11/the-main-culpr

    The headline says it all. John Hurley was 85. There's nothing more to add.

  • 15. allan120102  |  November 25, 2015 at 6:58 pm

    Imho I believe that Vietnam will be one of the first Asian countries to legalize ssm, along withTaiwan, Nepal, Thailand and Israel. Imo one of those will be the first to give us our first Asian country with marriage equality.

  • 16. VIRick  |  November 25, 2015 at 7:08 pm

    Israeli Court Allows Transgender Woman’s Cremation

    Jerusalem — The body of an Israeli transgender woman who committed suicide will be cremated despite her ultra-Orthodox family’s wishes, Israel’s Supreme Court ruled in documents obtained Wednesday, 25 November 2015. Before she killed herself earlier this month, May Peleg wrote in her will that she wanted to be cremated, a practice that Jewish law forbids. Her religious family took the request to court, which sided with Peleg’s representatives.

    The court balanced Peleg’s wishes against her family’s desire for a Jewish burial, pitting religious law against individual rights and highlighting the contrasts between the country’s Jewish character and its often liberal orientation. Rabbinical authorities oversee the country’s Jewish burial practices, though a single crematorium is allowed to operate quietly.

    Peleg, 31, was raised in the deeply conservative ultra-Orthodox community, which shuns gay and transgender people, and was estranged from her family. She was a prominent LGBT activist in Israel and her suicide elicited an outpouring of grief. Peleg said she did not want a Jewish burial because the religion would not recognize her as a woman. “This constitutes a lack of respect and an erasure of my identity,” according to a statement released by her supporters. Her will stipulated that she wanted some of her ashes to be buried under a tree, where her two children could come to mourn.

    In a decision actually reached on 24 November 2015, the court sided with Peleg’s lawyers, who had argued that her individual rights outweighed her family’s desire. http://www.lgbtqnation.com/2015/11/israel-court-a

  • 17. SethInMaryland  |  November 25, 2015 at 7:21 pm

    Vietnam has been making amazing progress. I think marriage may happen soon. They got over 200 on this vote. I think marriage easy pass as well

  • 18. VIRick  |  November 25, 2015 at 7:35 pm

    Here's the link to the article on the new Vietnam transgender law, which I forgot to copy/paste before posting: http://www.pinknews.co.uk/2015/11/25/vietnam-pass

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