Federal Court

Attorneys General file brief

The Attorney's General of 15 states and the District of Columbia have filed a brief in the US District Court for DC arguing that President Trump's proposed ban on military service by transgender people is unconstitutional, against the national interest and harmful to the transgender community.

Our military should be open to every brave American who volunteers to serve.

--Maura Healy, Massachusetts

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Lambda Legal sues DoJ and Education

While everyone is up in arms about the trump ban on transgender military service (I'm sure it will be covered by others), Lambda Legal has quietly filed suit in the Southern District on New York, claiming FOIA violation by the Departments of Justice and Education.

More than 5 months ago Lambda Legal requested documents about the Trump Administration's February decision to repeal the Obama Administration guidance which applied Title IX to transgender students.

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Trump sued by transgender troops

Five transgender service members serving on active duty filed suit yesterday against President Donald J. Trump in Federal Court in Washington, D.C. over Trump's transgender military service ban.

The suit also identifies the secretaries of Defense, Homeland Security, the Army and the Air Force, the Chairman of the Joint Chiefs of Staff, the departments of the Army, Air Force and Coast Guard, and the United States government as a whole as defendants.

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DOJ to appeal injunction

Department of Justice attorneys announced Friday that they will file a formal notice of appeal of US District Judge Reed O'Connor's preliminary injunction against the Department of Education guidelines aimed at protecting transgender students from discrimination.

According to court documents, the formal notice will occur on or before October 20, which is 60 days after Judge O'Connor's ruling.

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Federal Judge in Ohio does the right thing

Judge Algenon Marbley is a US District Judge for the Southern District of Ohio who was appointed to the position by Bill Clinton in 1997.

On Monday Judge Marbley rejected the Highland Local Schools case challenging the DoE rule on treatment of transgender students, ordering a transgender girl to be treated "like the girl she is."

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No hurry. It's only equal rights at stake.

US Magistrate Judge Joi Elizabeth Peake has delayed federal court proceedings concerning the North Carolina HB2 law for six months "while the U.S. Supreme Court considers whether to hear a Virginia case on transgender restroom access."

Instead of a court date in November as had been scheduled, the case will be pushed back to next May.

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Federal Judge nixes Title IX legal theory

Gavin Grimm sat quietly in the audience last November as dozens of parents at a school board meeting in Gloucester County, Va., demanded that he be barred from using the boys’ restrooms at school. They discussed the transgender boy’s genitals, expressed concern that he might expose himself and cautioned that being in a men’s room would make the teenager vulnerable to rape. One person called him a “freak.”

When Gavin, 16, got his turn at the podium, he was remarkably composed. “I didn’t ask to be this way,” Gavin said. “All I want to do is be a normal child and use the restroom in peace.”

Today, Judge Robert Doumar of Federal District Court in Virginia was scheduled to consider whether Gloucester school board's banning of Gavin from the men's restroom consitutes unlawful discrimination.

Judge. Doumar said in federal court in Norfolk on Monday that it was "highly unlikely" that he will grant a preliminary injunction that would require Gloucester County Public Schools to allow a 16-year-old transgender student to use the boys' restroom this fall.

The injunction is a part of a lawsuit filed on behalf of Gavin Grimm by the American Civil Liberties Union, which seeks a court order requiring the school board to let Grimm use the boys' restroom, even though he was born female.

Doumar said he will issue a written opinion on the injunction and after that, set a trial date on the lawsuit.

Doumar did dismiss the Title IX discrimination claims in the lawsuit, saying federal law allows schools to have separate restrooms based on sex.

The DOJ had filed a statement of interest on behalf of Gavin earlier this month.

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