Case Summary: Illinois Human Rights Act Legislation

Lawrence v. Texas: The Justification for the Decision and its Significance for the LGBTQ+ Community

“A Seattle man began undressing at a public swimming pool women’s locker room when a group of young girls were changing… .He was not arrested, as a result of Washington’s new law allowing “transgender” men to use women’s restrooms. I use quotes around the term transgender because this man had no outward identifying statements or attire to suggest he thought of himself as a woman” (Vliet). In other words privacy for all could get taken away if, no matter your biological sex, any person can choose what bathroom/locker room they want to go into. This matters because all gender facilities would be taking away the privacy rights of the

The Illinois trial court denied motion to suppress, finding the gun was recovered during a lawful stop and frisk. The Illinois Appellate Court reversed Wardlow 's conviction, concluding that the gun should have been suppressed because Officer Nolan did not have reasonable suspicion sufficient to justify an investigative stop pursuant to Terry v. Ohio, 392 U. S. 1 (1968). 287 Ill. App. 3d 367, 678 N. E. 2d 65 (1997). The Illinois Supreme Court agreed. 183 Ill. 2d 306, 701 N. E. 2d 484 (1998). While rejecting the Appellate Court 's conclusion

Most don’t explicitly look into the complexity of a transgender person’s life and all the questions or problems one might face: Do I use the men’s or the women’s bathroom? Is it appropriate to use this locker room? Those are only two of the many questions a transgender person might run into on a daily basis because of how others would see the situation, how the people who may have a sneaking suspicion that the woman they saw go into the ladies’ bathroom isn’t actually female by their definition, or how it could also seem strange to see that same person go into the mens’ bathroom. These all lead to dysphoria in any person’s situation in public places due to the fact that many choose to taunt or mock the person; however, with the help of Title IX these questions could start to vanish from the thoughts of many transgender students which Blad exemplifies with a quote in her article:

One current court case is dealing with a federal judge releasing an injunction to momentarily restrict transgender students from using school bathrooms as well as locker rooms of their choice (Eldeib). In blocking students from using something as simple as a restroom or locker room, a student’s identity can be misconstrued. Especially with a student who may already feel differently about their identity. A mother in Denton, Texas, hopes to change the legal problems revolving around the controversy of bathroom laws in Texas schools. Amber Briggle states her 8-year-old transgender son has felt he needs to wait to use the restroom until he would arrive home. As well as this, Briggle confirms her son, MG’s grades dropped drastically. His grades continued to worsen until he was given a restroom alteration, allowing him to feel comfortable. (Wright). Along with MG, many students do not feel safe in their schools because of having to hide their transgender identity. Students may not feel safe just because Texas is such a conservative state. Ken Paxton and other state leaders even exchanged in transphobic rhetoric at the 2016 Texas GOP convention. Because of the strong conservative viewpoints in Texas, young people as well as students in the area may not feel accepted as who they are, leading them to disguise their true self. School is already a tough time in a child or teens life, and being discriminated against because of how one identifies does not make a student’s lifestyle any easier. Because transgender students in Texas schools are entitled to free expression of gender identity, they are also permitted to dress how they please. As well as wearing the clothes a transgender students feels most comfortable with, it is permissible to address these students by their preferred name. Because transgender

Transgender rights and policies have always been an ongoing debate. In the article, “Bathroom Battlegrounds and Penis Panics,” Schilt and Westbrook (2015) argued that in order to push gender equality forward, we must consider the rights of transgender people by allowing them to have access to bathrooms that support their gender identity rather than their biological sex. In doing so, authors believed that it would make progress in alleviating discrimination against transgender people. However, in this conscious effort to fight for transgender rights and their access to sex-segregated spaces,

The School Board will be in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., if they do not allow a male that is diagnosed with gender dysphoria and identifies as a female, access to the female restroom. Though the Supreme Court has not ruled on this topic, a Fourth Circuit ruling, the Department of Education and Department of Justice Dear Colleague Letter, and case law regarding transgender students can help enlighten the school board on this topic. An introductory understanding of Title IX of the Educational Amendments of 1972 will assist in this matter. Title IX of the Educational Amendments of 1972 and its regulations prohibit sex discrimination in schools, educational programs and activities that are recipients of Federal funds. Within Title IX it specifically prohibits the discrimination of student’s based on gender identity, including the discrimination of transgender students. Title IX provides: “[n]o person… shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” 20 U.S.C. § 1681(a).

The supreme court case that I decided on was the case of Gavin Grimm v. Gloucester County School Board (ED. VA.) (Unknown, 2017). This case is about an 18-year-old male that attends a Virginia high school in Gloucester County Virginia. Gavin has male features and facial hair like a male and a deep voice like a male; however, he is in the process of being a transgender. The problem is Gavin uses the men’s restroom and is fighting for a transgender restroom throughout the school. The school board’s policy denies transgender students access to the restrooms used by rest of the student body because it violates the Title IX of the Education Amendments of 1972 (Unknown, 2017). The school states that students must use the restrooms according to their

Texas recently brought a case forward blocking President Obama’s transgender bathroom policy. “The Texas case was brought by Texas Attorney General Ken Paxton, a Republican, who led a group of plaintiffs that included 12 other states and two school districts. The plaintiffs argued that the Obama administration guidance came with the implicit threat that federal education funds could be withheld if school districts refused to allow transgender students to use the bathroom of their chosen gender identity. The guidance also had implications for federal student privacy laws, threatening education officials with sanctions if they fail to address students by their preferred gender pronouns. In a statement, Paxton praised the ruling as correcting "illegal federal overreach" by the Obama administration” (Korte, 2016). The Texas judge ruled that Obama’s bathroom policy could be

Grimm argues that Title IX of the Education Amendments of 1972, the law that bars sex discrimination in the nation’s schools, prohibits discrimination based on his gender identity. Grimm’s case is the first case devoted entirely to transgender rights the justices have agreed to hear – meaning there are few clues to how they might rule. But there are many cases posing similar questions about federal law and gender identity waiting in the wings. In one such lawsuit, a Michigan corporation has asserted the right to discriminate against a transgender employee based on the company owner’s religious

More and more kids and teens are realizing that, they are not who they want to be. Meaning that, they want to, or have already changed their gender identity. This doesn’t seem like the problem, but these kids, teens, and even adults don't have the rights we have on a regular daily bases. According to Discovery Education, it says that, these kids and teens aren’t allowed to use the bathroom of the gender they choose to be. This is a big problem throughout the United States, especially in elementary, middle, and high schools. The government also took away the law stating that transgender people, are to use

Tobin pulls information provided by educators from the National Association of Secondary School Principals in order to back her claims. It was stated that administration faculty members asked for guidance on how to accommodate transgender students. However, Tobin also informs the readers that none of the members who brought the issue up claimed there was a safety problem. Tobin’s information provided by the National Association of Secondary School Principals proves that the original problem was a question of privacy rather than safety. This helps inform the readers that O’Conner’s ruling was misguided and therefore successfully discrediting

When approaching public restrooms, most look at the gender on the door that associates with their own gender. However, some stare at those labels wondering which one they belong in. These types of people are often referred to as transgenders. Transgenders are people who identify themselves with the opposite gender of their biological sex. Therefore, for this category of people, entering a restroom is not so easy. They often wonder whether they should go into the bathroom of their biological sex or of their gender identity. The debate has spread throughout America today. Transgender bathrooms have been discussed in politics, education, and even criminal cases. Both sides of the debate offer valid evidence to support their claims. The only compensation

Gender equality is a pressing issue in the United States. The definition of gender, and the rights that accompany them, is constantly being updated and adjusted. The LBGT community is fighting for equality after being repressed for many years. Because of this sudden movement, social issues are sparking outrage and debate on whether a certain law or right for LBGT people is to be initiated. In many instances, these issues dominate the media, and cause for chaos on both sides of the spectrum. The bathroom controversy exemplifies this. The LBGT community argues that anyone should be able to use whichever bathroom that matches with their identified gender. Members of the LBGT community should not be able to use whatever bathroom they please.

In past generations, it has been clear to society that males and females use segregated bathrooms. It is also known that the rate of transgender people has been growing over the past years. Transgender people constantly face troubles when using a bathroom in public. Nevertheless, as society has become more aware of the transgender population and the issues that they face, many schools have had to decide how they will respond about the issue of school bathrooms when students identify themselves as transgender. A school should be able to provide separate facilities based on sex, but must allow transgender students access to the facility which matches their gender identity.