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Lesbian, gay, bisexual, & transgender (LGBT) topics:

U.S. Supreme Court broadens
transgender students' school rights:

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Webmaster's comment:

This site is written using the latest version of Adobe Dreamweaver. Unfortunately, after many years of reliable use, it now continually malfunctions. Today, it is showing all text in bold, and refusing to insert tabs. I expect to switch to another HTM editor -- one that works reliably. But that will involve evaluating many alteratives to find the optimum program. When I find the time to do this, I will download an new editor and return to this article, and others, to repair them.

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A brief look at discrimination in the U.S.:

Discrimination against various groups in the U.S. has been gradually reduced and, in come cases, almost eliminated. This has taken many many decades to accomplish. In chronological order, this process has included the elimination of slavery in the late 19th century, allowing profoundly deaf couples to marry early in 20th century, allowing women to vote in the 1920's, reduction of racial discrimination, and the decriminalization of same-gender sexual activities and allowing same-sex marriage. Increasing equality for the LGBT community is currently active.

The latest group to receive attention is the transgender community. These are persons who were identified at birth as being of one gender, and who themselves identify later in life as being of the opposite gender, of neither gender, of both genders, or as switching between genders.

If history is any indication, then once discrimination against transgender persons has been largely ended there will probably be another group who are currently being discriminated against who will begin to enjoy equality. My guess is that it will be polygamous couples. Polygamy is legal, in the U.S., but only in Utah, and is only legal there if all parties to the marriage reside in that state.

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Conflict over school bathroom policies in Oregon:

Dallas, OR is located 15 miles west of Salem, -- the capital of Oregon. The Dallas School District had adopted a policy of allowing a transgender student Elliot Yoder, 16 -- who was identified at birth as female, and now identifies as male -- use the boy’s locker room and bathroom. The parents of three current or former students at the Dallas High School launched a federal lawsuit to have the school district's policy reversed to require all students to use the facilities that match their birth-identied gender.

The parents' lawyer, Herb Grey, said

"The key to this whole thing is not just the privacy and the rights of just one student. It’s the rights of all the students and their parents and you can’t interpret federal law and state law and impose it on everyone else and say you’re accommodating everyone — because you’re not accommodating everyone."

Gillian Flaccus, writing for Associated Press News, said:

"The lawsuit names the Oregon Department of Education and Oregon Gov. Kate Brown because of guidelines issued by the state last year outlining what districts should do to accommodate transgender students. The guidelines are not the law but are based on numerous court opinions on transgender rights that have interpreted Title IX protections as extending to transgender students."

"The lawsuit also names the U.S. Department of Education and U.S. Secretary of Education Betsy DeVos, although the Trump administration rolled back an Obama-era directive on transgender inclusion earlier this year." 1

The Dallas, OR court's ruling upheld the school district's policy that allows allows transgender students to use school bathrooms and locker rooms that match their current gender identity, and conflict with their birth-identified gender.

The case was appealed to the 9th Circuit Court of Appeals for the Ninth Circuit in San Francisco which also upheld the school district's policy.

On 2020-DEC-08, the U.S. Supreme Court declined to review the case, and thus the Court of Appeal's decison stands. 2

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References used:

  1. Gillian Flaccus, "Parents sue Oregon school district over transgender policy," Associated Press, 2017-NOV-16, at: Parents sue Oregon school district over transgender policy

  2. Gillian Flaccus,"Supreme Court rejects appeal to limit transgender students," Associated Press, 2020-DEC-07, at: Supreme Court rejects appeal to limit transgender students

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Copyright © 2020 by Ontario Consultants on Religious Tolerance
Original posting: 2020-DEC-08

Author: B.A. Robinson

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