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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

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Copyright, 2014
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June 5, 2016
Judge Tom
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1

School bathrooms for transgender students: whose problem is it?

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Bathroom

As you may know, at least twelve states have sued the government over a federal directive regarding the use of public school bathrooms. The issue involves transgender students and their choice of bathrooms. Should they be restricted to bathrooms based on their gender as stated on their birth certificates, or based on the gender they identify with?

This has become a national discussion since the president issued an executive order in May, 2016, directing schools to allow transgender students to use the bathrooms and locker rooms they identify with. Parents, educators and students are concerned about privacy issues and student safety on campus.

Note: In October, 2016, the U.S. Supreme Court accepted a case* from Virginia on this issue. Gavin Grimm identifies as male and sued his school regarding the use of the boys’ bathroom at Gloucester High School. The 4th Circuit Court of Appeals ruled in Gavin’s favor and the school board appealed the decision to the Supreme Court. A decision in Gavin’s case was  expected by June, 2017, but the executive order was reversed by the Department of Education and Gavin’s case became moot.

A similar case was brought in a Wisconsin federal court regarding high school student Ashton Whitaker. Ash sued for his right to use the boys bathroom although he was female at birth. The courts ruled in his favor and the school district took the case to the Supreme Court. In January, 2018, the school agreed to drop the suit and Ash was awarded $800,000 for his losses and reasonable attorney fees. The school further agreed not to discriminate against him if he returned for any alumni events (he graduated in June, 2017).

What is your opinion of this issue? Should it be left to school and local officials? Should the federal government be  involved in directing education policies across the country? Does discrimination play a part in this discussion? Should courts become involved and interpret any laws on the subject? Should state legislatures pass or modify laws on the subject? Can you see this becoming an issue taken up by the Supreme Court? If so, which way do you think the Court would rule – for or against transgender use of school bathrooms?

A leader in LGBT rights and example for all is Yale University. Many of their buildings have gender-neutral bathrooms designated as “All Gender Restroom.” Students can change their names on school identification cards and the school’s portal. Also gender reassignment surgery, hormone suppression therapy and medical procedures are covered under the student health plan. Other institutions recognizing transgender rights include Harvard, Smith College, and the University of Vermont.

*Gloucester County School District v. Grimm

Photo by Jon Seidman (Flickr)

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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1 Comment

  • Sarah
    September 12, 2017 7:48 pm count( 0 )

    Since this is asking for our opinions, I honestly do not see any flaws in the bathrooms we have now. (That sounds incredibly strange, I know.) The adjusting to the changes is a part of taking the sex change operation. For them, using the other gender’s bathroom is a learning experience, that they have to adapt to. No court should really be involved. If therapies could start training them to get used to the other gender’s bathroom, that could help. But it really shouldn’t be that big of an issue. I’ve known tons of parents who are worried their child may be suited better with the sex change operation, their main fears are the bathroom. It’s quite simple to me: Learn as you go.
    Thank you for your comments, Sarah. It is one more issue transgender people must face.