Question from poisonpawz

today my principal told me I had to use the girls bathroom or no bathroom at all (I'm ftm and have been presenting as male for over a year) and I need legal documents to print out to prove to him that that is discrimination and is not allowed. (I live in NC and am in public high school in wake county, if this alters the results at all)

This is a tough question because many places don’t have laws/rules in place so you have to push them until you’re protected. By that I mean test the laws. Create a case that will bring a definitive answer that other cities in your state will follow. Given that, here is what I’ve found:

ACLU go to link for full text but here is one excerpt:

Are there laws that specifically protect transgender students from discrimination?

California, Iowa, Minnesota, New Jersey, Oregon, Vermont and Washington have laws explicitly protecting transgender students from discrimination and/or harassment. Moreover, there are local school districts such as Decatur (GA) and Kalamazoo (MI) with similar protections. Some states have comprehensive laws banning bullying and harassment of any sort but not mentioning gender identity.

The federal law prohibiting sex discrimination in educational programs receiving federal funds (Title IX of the Education Amendment Acts of 1972) bars sexual harassment of a transgender student. Title IX also prohibits gender-based harassment, which includes harassment based on a student’s refusal to conform to sex stereotypes. Therefore, Title IX ought to protect transgender students from harassment and discrimination, but the courts are still grappling with the issue.

Read THIS CAREFULLY and follow the directions on how to use Title IX to protect you from harassment based on sex and gender issues.  The link is to the National Center for Transgender Equality and their paper on Transgender and Gender Non-Conforming Students: Your Rights at School dated June 2012.

This example is from the ACLU in NC  and relates to gender identity and DRESS CODE, different issue but I’m including it because as you see, even though the person fought, and lost, the ACLU is going to fight the school and future trans* students will be protected. It takes one person to fight the system to effect the changes we need

Douglas Byrd Graduation Ceremony Dress Code — A mother in Cumberland County, contacted the ACLU-NCLF complaining that her daughter was to be prevented from participating in graduation at Douglas Byrd High School in Fayetteville the following day unless her daughter agreed to wear a dress and high heels, pursuant to school policy. The young woman wanted to comply with the graduation dress code for boys by wearing a suit and tie. The ACLU-NCLF sent a letter to the Cumberland County superintendent and the Douglas Byrd High principal, arguing that the school’s gender-specific graduation dress code violated, among other rights, the young woman’s right to Equal Protection under the 14th Amendment. The school refused to back down, and the young woman was prevented from participating in the graduation ceremony. In light of a comment in the media by a school board member who acknowledged the possibility of changing the graduation dress code policy for next year, the ACLU-NC will challenge the school board to adopt a gender-neutral dress code policy, and we are not ruling out the possibility of legal action if the school board refuses to do so.

Here is the information to contact the ACLU-NC directly. They could help you with this matter better than anyone I think. Have your parents call and don’t give up.

Contact ACLU-NC 
P.O. Box 28004, Raleigh, NC 27611
Phone: 919-834-3390 • E-mail: contact@acluofnc.org

The compromise may be for you to use the teachers’ rest room and get the key each time. You can be sure to include that in your potential law suit - that  singling you out due to your gender identity is causing you great humiliation and emotional harm and interfering with your ability to learn in such a discriminatory environment.

Your rights to privacy and protection under Title IX are being violated. You are experiencing SEX DISCRIMINATION. That way Title IX comes to your defense. 

You are VERY lucky to have your parent’s support (I read your Tumblr) and I hope you all will have the strength and endurance to follow though with this fight. You are paving the way for others in your school district, state, and, ultimately, the whole country. Nothing will ever change if someone doesn’t refuse to accept discrimination. 

I’m sorry your principal is not protecting you but you have the right to a public education free from harassment based on your sex. ♡

  1. pflagmom posted this