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The American Civil Liberties Union (ACLU) is an American nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, Washington, D.C., and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.
School district drug policies are measures that administrators of a school district put into place to discourage drug use by students.
Paul Victor Niemeyer is a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and a former United States District Judge of the United States District Court for the District of Maryland.
Vernonia School District 47J v. Acton, 515 U.S. 646 (1995), was a U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Under that regimen, student-athletes were required to submit to random drug testing before being allowed to participate in sports. During the season, 10% of all athletes were selected at random for testing. The Supreme Court held that although the tests were searches under the Fourth Amendment, they were reasonable in light of the schools' interest in preventing teenage drug use.
In the United States, the rights of transgender people vary considerably by jurisdiction. There is a coordinated national campaign by conservative/right-wing politicians and organizations to target transgender rights.
Baker v. Wade 563 F.Supp 1121, rev'd 769 F.2nd 289 cert denied 478 US 1022 (1986) is a federal lawsuit challenging the legality of the sodomy law of the state of Texas. Plaintiff Donald Baker contended that the law violated his rights to privacy and equal protection. After a victory at trial, an appellate court reversed the lower court's decision and in the wake of its decision in Bowers v. Hardwick the Supreme Court of the United States refused to review it.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same rights and responsibilities as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.
Lesbian, gay, bisexual, and transgender (LGBT) people in Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in the state in 2003 by the Lawrence v. Texas ruling. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
The Women's Liberation Front (WoLF) is an American self-described radical feminist organization that opposes transgender rights and gender identity legislation. It has engaged in litigation on transgender topics, working against the Obama administration's Title IX directives which defined sex discrimination to include gender identity. According to its mission statement, it wishes to "abolish regressive gender roles and the epidemic of male violence using legal arguments, policy advocacy, and public education". It has been characterized by Vox, The New Republic, and La Presse as a "trans-exclusionary radical feminist" group. WoLF has been described as a hate group.
A bathroom bill is the common name for legislation or a statute that denies access to public toilets by gender or transgender identity. Bathroom bills affect access to sex-segregated public facilities for an individual based on a determination of their sex as defined in some specific way, such as their sex as assigned at birth, their sex as listed on their birth certificate, or the sex that corresponds to their gender identity. A bathroom bill can either be inclusive or exclusive of transgender individuals, depending on the aforementioned definition of their sex. Single occupant unisex public toilets are one option to avoid this controversy.
Title IX of the United States Education Amendments of 1972 prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The Obama administration interpreted Title IX to cover discrimination on the basis of assigned sex, gender identity, and transgender status. The Trump administration determined that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. The validity of the executive's position is being tested in the federal courts.
G.G. v. Gloucester County School Board is a court case dealing with transgender rights in the United States. The case involves a transgender boy attending a Virginia high school, who sued the local school board after he was forced to use girls' restrooms based on his assigned gender under the school board's policy. While the Fourth Circuit ruled in favor of the student based on Obama administration policy related to Title IX protections, the election of Donald Trump changed the underlying policy, forcing a pending hearing before the Supreme Court of the United States to be vacated and the case retried at the lower courts. Due to recent case law, including the Supreme Court decision in Bostock v. Clayton County, the Fourth Circuit ruled again in favor of the student; the Supreme Court refused to hear the case, allowing the Fourth Circuit's judgment to stand.
This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.
Stone v. Trump (1:17-cv-02459-MJG) was a lawsuit filed on August 28, 2017 in the United States District Court for the District of Maryland. The lawsuit alleged that President Donald Trump's ban on transgender personnel joining the U.S. military violated their equal protection and due process rights. The American Civil Liberties Union (ACLU) of Maryland filed the suit on behalf of Petty Officer First Class Brock Stone, an 11-year veteran of the U.S. Navy, and several other transgender service members. In addition to President Trump, the suit named as defendants the Secretaries of Defense, the Army, the Navy, and the Air Force.
The Presidential Memorandum on Military Service by Transgender Individuals, officially the Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security, is the 27th presidential memorandum signed by U.S. President Donald Trump on August 25, 2017. The intent was to prevent transgender people from serving in the U.S. military, on the basis that they would be a financial burden due to sex reassignment procedures and associated costs. Federal courts delayed the implementation of this rule by issuing four injunctions. On January 22, 2019, however, the U.S. Supreme Court allowed the Trump administration's ban to take effect.
Karnoski v. Trump (2:17-cv-01297-MJP) was a lawsuit filed on August 29, 2017 in the United States District Court for the Western District of Washington. The suit, like the similar suits Jane Doe v. Trump, Stone v. Trump, and Stockman v. Trump, sought to block Trump and top Pentagon officials from implementing the proposed ban on military service for transgender people under the auspices of the equal protection and due process clauses of the Fifth Amendment. The suit was filed on the behalf of three transgender plaintiffs, the Human Rights Campaign, and the Gender Justice League by Lambda Legal and OutServe-SLDN.
Since 2015, Township High School District 211, a public school district of the Chicago suburbs, has been the epicenter of multiple controversies surrounding its policies toward transgender student locker room access. Since January 2020, the district has implemented a policy of unrestricted locker room access corresponding to the gender identity of each student.
Donald L. Babets & others vs. Secretary Of Human Services & another, 403 Mass. 230 (1988), known informally as Babets vs. Johnston, was a Massachusetts Supreme Judicial court case relating to Don Babets and David Jean’s struggle to become foster parents as a gay couple. The case resulted in Massachusetts settling the lawsuit by returning to the “best interests of the child policy”, eliminating policies that considered the sexual orientation of potential foster parents when looking at foster placement.
References
- 1 2 "Search for Public School Districts – District Detail for Dallas School District". National Center for Education Statistics . Institute of Education Sciences . Retrieved 10 April 2019.
- 1 2 3 4 5 6 United States District Court For The District Of Oregon. Parents For Privacy V. Dallas School District NO. 2. 24 July 2018. Aclu-Or.org, aclu-or.org/sites/default/files/field_documents/07252018_parents_for_privacy_opinion_order.pdf.
- 1 2 Oregonian/OregonLive, Casey Parks | The (2015-12-19). "Transgender Oregon student wages lonely battle to use boys' locker room". oregonlive. Retrieved 2021-02-18.
- ↑ Guzman, Jolene. "Transgender policy enforced". Polk County Itemizer-Observer. Retrieved 2021-02-19.
- 1 2 3 United States, Congress, 9th Circuit, and A. Wallace Tashima. Parents For Privacy V. Barr, 12 Feb. 2020. cdn.ca9.uscourts.gov/datastore/opinions/2020/02/12/18-35708.pdf.
- ↑ "Supreme Court rejects challenge to Oregon school district's bathroom policy for transgender students". www.cbsnews.com. Retrieved 2021-02-24.
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