6th Circuit Court of Appeals Allows Ruling in Favor of Transgender Student to Take EffectBy Adam Polaski • December 16, 2016 • 12:58 pm
Great news this week out of the U.S. Court of Appeals for the 6th Circuit, where judges denied a stay in the case of Highland School District v. U.S. Department of Education. By doing so, the school allowed a lower court ruling – which allows a young transgender girl to use the girl’s restroom at school without discrimination – to take effect.
It’s the latest step forward in the ongoing fight against anti-LGBT opponents’ attempts to target and marginalize young transgender students. The case was filed by the Alliance Defending Freedom, a notorious anti-LGBT organization that works to chip away at equality and make life harder for LGBT Americans.
The ruling establishes that the student, an 11-year-old transgender girl, would face “irreparable harm” if the school district is able to continue to restrict her access to the restroom. From the ruling:
Highland’s exclusion of Doe from the girls’ restrooms has already had substantial and immediate adverse effects on the daily life and well-being of an eleven-year-old child (i.e. multiple suicide attempts prior to entry of the injunction). These are not distant or speculative injuries—staying the injunction would disrupt the significant improvement in Doe’s health and well-being that has resulted from the injunction, further confuse a young girl with special needs who would no longer be allowed to use the girls’ restroom, and subject her to further irreparable harm. Lastly, public interest weights strongly against a stay of the injunction. The district court issued the injunction to protect Doe’s constitutional and civil rights, a purpose that is always in the public interest.
Next up, the Appeals Court for the 6th Circuit will hear the appeal on the merits of the case.