Appeals Court: ‘Transgender’ Student Must Be Allowed to Use Girls’ Restroom as Lawsuit Proceeds

COLUMBUS, Ohio — An appeals court has ruled that a male student who identifies as female must be allowed to use the girls’ restroom at school while the district’s lawsuit against the Obama administration moves forward in court.

The Sixth Circuit Court of Appeals upheld a lower court’s injunction on Thursday that mandates that the 11-year-old student be allowed to use the girls’ restroom, and refused to lift the restraining order as requested by the Highland Local School District.

“The record establishes that Doe, a vulnerable eleven-year-old with special needs, will suffer irreparable harm if prohibited from using the girls’ restroom,” the court wrote. “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.”

As previously reported, the anonymous student, who attends Highland Elementary School, was born a male. After completing kindergarten, the student’s guardian advised school officials that the child would now identify as female, and requested that he be referred to as a girl.

The school obliged, but the following year, when the guardian requested that the child be allowed to use the girls’ facilities, officials declined. They instead offered single occupancy rooms for the boy out of privacy and decency concerns for the other students.

But the guardian of the child was unhappy that the school would not grant the boy access to the girls’ facilities and filed a complaint with the U.S. Department of Education’s Office for Civil Rights. The department then ordered the district to accommodate the child, citing Title IX of the Civil Rights Law, which prohibits discrimination based on sex.

It sent a proposed resolution agreement, which among other aspects, required that “all its policies, guidelines, procedures, regulations, and related documents and materials” be changed to accommodate transgender students, and that the new policies be sent to the Department for review and approval. Training was also mandated for all staff.

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However, the district refused the resolution and filed a federal lawsuit against the U.S. Department of Education and the U.S. Department of Justice, asserting that they are misinterpreting Title IX.

In September, U.S. District Court Judge Algenon Marbley, appointed to the bench by then-President Bill Clinton, ruled in favor of the student, stating that he could see no harm in allowing the boy to use the girls’ restroom.

“The court orders school district officials to treat Jane Doe as the girl she is, including referring to her by female pronouns and her female name and allowing her to use the girls’ restroom at Highland Elementary School,” he declared.

The district appealed the injunction to the Sixth Circuit Court of Appeals, but this past week, the court said that the restraining order must remain in place while the case proceeds as the boy had attempted suicide over the matter, and is now happy since being allowed to use his preferred restroom.

“[S]taying 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,” it asserted in a 2-1 opinion.

Alliance Defending Freedom (ADF), which represented the district in court, expressed disappointment.

“Allowing boys in girls’ restrooms completely disregards the privacy needs and rights of all the girls who are rightfully and understandably concerned,” ADF legal counsel Doug Wardlow told reporters. “Young boys should not be allowed in girls’ locker rooms or restrooms.”


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  • Oboehner

    What a load of crap, LOL.
    “The record establishes that Doe, a vulnerable eleven-year-old with special needs, will suffer irreparable harm if prohibited from using the girls’ restroom,” the court wrote. “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.” Yeah right.

    • johndoe

      I’ll take the judgement of a US District Court Judge over your “lol” any day…

      • Oboehner

        Sure what would I know compared to a liberal activist judge? After all it’s far more important to push a leftist agenda than the children caught up in the travesty.

        • johndoe

          Activist judge = judge who doesn’t rule the way christians think they should

          • Oboehner

            Activist judge = pushes fringe agenda du jour no matter who disagrees or even if it flies in the face of commonsense or victimizes others.

          • johndoe

            Its only a matter of the law.

          • Oboehner

            Its only a matter of judicial opinion.

          • johndoe

            Seems to be law.

          • Oboehner

            Only to the ignorant.

          • johndoe

            LOL!

      • Amos Moses

        biology and science trumps them and their irrationality ………. everyday …..

    • Ambulance Chaser

      Do you have any evidence to contradict the record?

      • Oboehner

        Common sense not caught up in an emotional agenda push.

        • Amos Moses

          because emotions and “feelings” trumps any rational examination ………

      • meamsane

        Yeah. It’s in the article itself. This 11 year old was born a boy. A biological fact! Unless you would like to refute that with magical thinking?

        • Ambulance Chaser

          I would like to refute it with science.

          Hare, L; Bernard, P; Sanchez, F; Baird, P; Vilain, E; Kennedy, T; Harley, V (2009). “Androgen Receptor Repeat Length Polymorphism Associated with Male-to-Female Transsexualism” (PDF). Biological Psychiatry. 65 (1): 93–6.

          • meamsane

            Biological sex at birth is determined in Utero. This study does not refute that nor can any study! It is self-evident observable fact.
            No sex re-assignment surgery or hormone therapy can change that fact either and children especially should not be encouraged to be other than their biological sex. GD is a problem of the mind, not the body.

          • Ambulance Chaser

            Sounds like you didn’t even read it.

          • Oboehner

            It’s totally amazing how psychology works, woman who shows up for court claiming she’s a Klingon – deemed a nut job. Chick who thinks she’s a cat – deemed a nut job. Boy who thinks he is a girl – shazaam, he’s perfectly normal! Now there’s some science!!

          • Ambulance Chaser

            So, you can’t refute it, you can just mock it. Brilliant.

          • Oboehner

            So, you can’t explain it, you can just accuse me of mocking it. Brilliant.

          • Ambulance Chaser

            You need me to read it to you?

          • Oboehner

            A simple explanation will suffice.

          • Ambulance Chaser

            Okay but I need to get to a point where I have maybe 30 minutes of downtime. Wasn’t to be today. Maybe tomorrow while I’m in court.

          • Oboehner

            7 hours wasn’t enough time?

          • Ambulance Chaser

            The general gist is that male to female transsexual expression is caused by a lengthened androgen receptor, among other genetic factors.

          • Oboehner

            And a big pile of BS. It is a mental problem exactly like the chick that identifies as a cat. There is no difference.

          • Ambulance Chaser

            Your evidence for this is…?

          • Oboehner

            The smell, the lack of an reasonable explanation as to why the cat-woman is nuts, but the whack-job who thinks he’s a woman is not.

          • Ambulance Chaser

            I don’t know why you’re harping on the cat woman. She has nothing to do with this story.

            Do you have a refutation to the findings or not?

          • Oboehner

            Everything to do with the story, one must establish some credibility when it comes to making judgments.

          • Bob Johnson

            A technique that can get you to the highest office in the land.

      • libertynottyranny

        Yes – the school offered up a single occupancy rest room so that he could use a bathroom that didn’t subject him to any harm & at the same time protected the girls from any harm. Yet the “guardian” – who has an obvious agenda- was not satisfied w/ that.

        I’m sure the guardian labels all the restrooms in their home “girls” & insists at least one female be present in the same bathroom when this child relieves himself – so he isn’t subjected to the same “humiliation” he’s subjected to at school by using the restroom by himself. Unbelievable. Sick doesn’t go far enough to describe this nonsense.

        • Ambulance Chaser

          That doesn’t prove that the child in question–a she, by the way, despite your stubborn insistence to the contrary–would not be harmed by this arrangement.

          • libertynottyranny

            Nonese-prove the harm.

            Furthermore he is a he – in spite of your attempt to detach yourself from reality by calling an anatomical male a she. He still has all the parts & more importantly, no matter what you or any other schizophrenic tries to do, he has that all important Y chromosome. & no amount of legislation nor wishful thinking on your part or any other’s can change that Y into an X, nor give him a uterus & ovaries capable of producing eggs.

            You’re fighting a battle against truth & therefore you cannot win. You can shut people up, you can intimidate them, throw them in jail for not embracing your grand delusion, but you can’t change reality. He was formed in his mothers womb as a he, he was born a he, & he will always be a he – no amount of lipstick, girls clothes & hormones, body mutilation, or people like you whispering in his ear can ever change that simple fact.

            “In the beginning God made them male & female. Therefore what God has joined, let no man put asunder.” – Jesus Christ warning the Pharisees who were interested in word games much like you.

          • Ambulance Chaser

            Science disagrees. Sorry, sometimes the Bible is wrong.

          • libertynottyranny

            Says the crowd that claimed the earth was flat (Bible says the earth is round – it was Columbus’ belief of the Bible that led him on his voyage), that blood letting was a “cure” (Bible says life is in the blood), that the earth was going into an ice age due to man made aerosols, that 30 yrs later that the earth was going to boil over because of CO2. (something every 4th grader used to know & would spot as a joke – w/o CO2 there was no O2 – no photosynthesis – thus no vegitation, no mammal life could be sustained).

            Sorry, science is clearly often wrong. It’s The Word of God & reality, that doesn’t change, that disagrees w/ you & your gods!

            Keep your schizophrenic delusions at your own peril, but you can’t legislate away Truth.

          • libertynottyranny

            Says the crowd that claimed the earth was flat (Bible says the earth is a sphere – it was Columbus’ belief of the Bible that led him on his voyage), that blood letting was a “cure” (Bible says life is in the blood), that the earth was going into an ice age due to man made aerosols, that 30 yrs later that the earth was going to overheat because of CO2. (something every 4th grader could spot as a joke – w/o CO2 there was no photosynthesis – no vegitation, no O2 – thus no mammal life could be sustained).

            Which, let’s face it, is the ultimate objective of warmers. Like the Nazi’s before you, only certain, like minded, must be allowed to ‘consume’. So if co2 is a ‘pollutant’ then we must eradicate the ‘polluters’. Of course your kind will be ‘safe’ because you’ll self identify as oompah-loompahs & legislate that you only inhale sucrose & exhale cotton candy.

            Sorry, science is clearly often wrong (& when politics masquerades as science, it is always wrong). It’s The Word of God & reality that doesn’t change, & disagrees w/ you & your gods!

            You can’t legislate away Truth & you can’t redeem evil by calling it ‘good’.

          • Ambulance Chaser

            Okay, then you should be able to refute the scientific arguments for why trans people exist and how to treat them. I’m all ears.

          • libertynottyranny

            If I sew a pair of wings on my back, does that make me a bird? If I surgically “convert” my feet into flippers, does that make me a dolphin?

            “Trans people” are simply people (the boys remain boys, the girls remain girls – in spite of what they feel about/do to themselves).

            Just b/c they chop off or “add” ‘parts’ (which don’t actually function like the real thing, just allows the delusion to continue) doesn’t change their nature. They are either seed bearers or egg producers & neither “science” nor the “law” can do a thing about that.

            But you know this (& if you don’t, then you need lithium).

          • Ambulance Chaser

            Do you know why trans people are trans?

          • libertynottyranny

            Yep. It’s spelled out very clearly in the book of Romans, the 1st chapter. & if you keep reading you’ll even hear the solution.

          • Ambulance Chaser

            I’ll take that as a “no.”

          • TheKingOfRhye

            “Says the crowd that claimed the earth was flat (Bible says the earth is a sphere – it was Columbus’ belief of the Bible that led him on his voyage), ”

            Funny, people who claim the earth is flat (yeah, they are still around, and in surprising numbers, I’ve talked to some of them myself in fact) often cite the Bible to support their beliefs.

            “Sorry, science is clearly often wrong”

            More like scientists are often wrong. A pretty good thing about science is that it never takes any scientist’s findings as absolute truth, never to be corrected if new data is found. If you don’t understand that, you don’t understand science.

          • libertynottyranny

            “Funny, people who claim the earth is flat (yeah, they are still around, and in surprising numbers, I’ve talked to some of them myself in fact) often cite the Bible to support their beliefs.”

            Sure you have. Which biblical passages do they cite to support this flat earth claim?

            “More like scientists are often wrong. A pretty good thing about science is that it never takes any scientist’s findings as absolute truth, never to be corrected if new data is found. If you don’t understand that, you don’t understand science.”

            You knew exactly what I meant & you confirm it. “Scientists” & surrogates, like yourself, are often taking nonsensical stances like “the ‘science’ is settled” to support your statements of “faith” re: theories (that are really hypotheses) of questionable grade . By your own admission here, the “science” is never settled until you have all knowledge which we both know you & ‘science’ (ie the scientists) will never obtain. But keep tilting at windmills.

          • TheKingOfRhye

            I don’t remember what exact verse it was, but it was something about the Earth being a “circle”…I’m sure there were others the person I was talking to cited, too. I really wasn’t focusing on that part of the argument I was having with her (cuz, ya know, what do I really care what the Bible says on the matter?), I was mainly trying to explain to her why the observations that she thought meant that the Earth was flat didn’t mean that. If you don’t believe me,that these people are out there, look around YouTube, for one.

            As for the rest, yeah I was right, you really don’t understand science. Or what I was trying to say.

          • libertynottyranny

            So if you don’t care what the Bible really “says”, then you obviously don’t bother to read it. Therefore you have no clue what it says, & by your statements you’ve confirmed it. Instead, you choose to base your opinions on some other poor clueless soul, who (from your description) had no idea what they were talking about.

            Do you always argue from ignorance?

          • TheKingOfRhye

            Maybe you’re misunderstanding what I’m getting at. I’m not claiming to be any sort of authority on what the Bible says. I’m not arguing about what it actually does say. I’m not in any way claiming that the Bible DOES say that the Earth is flat, just that some people think it does, regardless of it actually does or not. That’s my point. People have used the Bible to justify all sorts of positions, even some that would contradict each other.

            You’re right about one thing, though; that person really did have no idea what they were talking about. lol

          • Oboehner

            How many “shes” have male DNA? None.

          • Ambulance Chaser

            However many trans women there are.

          • Oboehner

            Male DNA = not a woman in any stretch of the imagination.

          • Trilemma

            Actually some do. Maria José Martínez Patiño is a well known example.

          • Oboehner

            You mean the undeveloped male?

          • Trilemma

            No, I mean the woman with male DNA. She was born with a vagina not a penis. There’s also Hayley Haynes, another woman with male DNA who recently gave birth to twins.

          • Oboehner

            A developmental error (even called an error by the so-called experts), not a case of mental instability.

    • Amos Moses

      DOH! ………

  • Roy Hobs

    Communism by the Back Door — by Dennis Wise.

  • bowie1

    I think perhaps transgenders like homosexuals suffer from some kind of mental illness or the result of trauma in their childhood.

    • Saunders61

      Homosexuallity was remove from DSM-II in 1973.

      • bowie1

        No doubt. But this my own point of view.

        • Patchwork Patty

          And correct too.
          Almost all gays and lesbians were molested as children. They claim to be victims of “homophobes,” but their victimhood started with the older homosexuals who abused them.

          • Saunders61

            Making false claims is lying & lying = sin. There are no substantive data to support your fabrications.

          • Amos Moses

            “no substantive data” = data i agree with = lying = sin ………. all kinds of testimony online from those that were ……….

          • Saunders61

            Data is not the plural of anecdote.

          • Amos Moses

            anecdotal evidence is evidence …………… where do you think your “data” comes from ………….

          • Saunders61

            My “data” comes from rigorous objective study subjected to statistical analysis or peer reviewed publications…

          • Amos Moses

            peer reviewed is a flawed process and has absolutely nothing to do with the truth of any research …. only that a certain process may have been followed …. not that the conclusions are correct or even true and that the “data” was gathered correctly and not “fudged” ….. and in any event ….. peer review only costs about $500 and it really means nothing ……….

          • Saunders61

            You should put down your big book of mythology sometime and get out in the real world.

          • Amos Moses

            so no response other than Ad Hominem ….. mythology ….. is that a scientific, theological or personal opinion …………….

          • Saunders61

            No time to reply, we’re preparing for the Winter Solstice orgy tomorrow

        • Saunders61

          Clearly, albeit sorely unqualified.

      • Amos Moses

        BDD – Body Dysmorhic Disorder is in the DSM5 and it is covered under that designation ……..

        • Saunders61

          Are you referring to Body Dysmorphic Disorder? Where do you practice Dr.? Or, are you another self appointed expert? You seem to be confused about which is the independent and dependent variable.

          • Amos Moses

            “Where do you practice Dr.? Or, are you another self appointed expert? ”

            back at cha sport ……………

          • Saunders61

            Omaha NE, PhD in Neuroscience here.

          • Amos Moses

            sure ….. and eveything i read on the internet is true …….. and even if it is true ……. so what ………. has nothing to do with BDD or the lie that homosexuals and trannys are not what they say they are ……….. it is all still lies ……… delusional thinking …..

    • Michael C

      I never experienced any sort of trauma or abuse as a child.

      • Amos Moses

        Can a memory be forgotten and then remembered? Can a ‘memory’ be suggested and then remembered as true?

        These questions lie at the heart of the memory of childhood abuse issue. Experts in the field of memory and trauma can provide some answers, but clearly more study and research are needed. What we do know is that both memory researchers and clinicians who work with trauma victims agree that both phenomena occur. However, experienced clinical psychologists state that the phenomenon of a recovered memory is rare (e.g., one experienced practitioner reported having a recovered memory arise only once in 20 years of practice). Also, although laboratory studies have shown that memory is often inaccurate and can be influenced by outside factors, memory research usually takes place either in a laboratory or some everyday setting. For ethical and humanitarian reasons, memory researchers do not subject people to a traumatic event in order to test their memory of it. Because the issue has not been directly studied, we can not know whether a memory of a traumatic event is encoded and stored differently from a memory of a nontraumatic event.

        Some clinicians theorize that children understand and respond to trauma differently from adults. Some furthermore believe that childhood trauma may lead to problems in memory storage and retrieval. These clinicians believe that dissociation is a likely explanation for a memory that was forgotten and later recalled. Dissociation means that a memory is not actually lost, but is for some time unavailable for retrieval. That is, it’s in memory storage, but cannot for some period of time actually be recalled. Some clinicians believe that severe forms of child sexual abuse are especially conducive to negative disturbances of memory such as dissociation or delayed memory. Many clinicians who work with trauma victims believe that this dissociation is a person’s way of sheltering himself or herself from the pain of the memory. Many researchers argue, however, that there is little or no empirical support for such a theory.

        What’s the bottom line?

        First, it’s important to state that there is a consensus among memory researchers and clinicians that most people who were sexually abused as children remember all or part of what happened to them although they may not fully understand or disclose it. Concerning the issue of a recovered versus a pseudomemory, like many questions in science, the final answer is yet to be known. But most leaders in the field agree that although it is a rare occurrence, a memory of early childhood abuse that has been forgotten can be remembered later. However, these leaders also agree that it is possible to construct convincing pseudomemories for events that never occurred.

        The mechanism(s) by which both of these phenomena happen are not well understood and, at this point it is impossible, without other corroborative evidence, to distinguish a true memory from a false one.
        —————————————————————————-
        could be you remember to forget ………..

        • Michael C

          Are you (someone who’s never met me, ever) trying to tell me that I was, in fact, abused as a child?

          …and I’m the one with mental illness?

          • michael louwe

            So, Michael C is a gay trying to justify his gayness on a Christian website. (cf; ROMANS.1:18-32)
            ……. Fyi, at LEVITICUS.18:22-23, God classifies homosexuals as abominations = Sodom n Gomorrah, n bestial-sinners as perverts..

          • Amos Moses

            you are an admitted homosexual ……… by DSM5 you have body dysmorphic disorder and think that you are a type of person that you are not …… soooooo …………

          • Michael C

            My anatomy matches my identity. I’m a guy in all respects. This means that I don’t have body dysmorphic disorder.

          • Amos Moses

            sure ….. but you act the role of a woman …. not a man ………… thus dysmorphia ………………… and disorder of your body ………..

          • Michael C

            sigh…

            I am a man. I am not a woman. You’re using words that you don’t understand.

          • Amos Moses

            no …. you are using words to deceive …………. “man” or not you ACT as a woman ………… /SMH ….. the TRUTH will set you free …… those who possess the truth cannot be lied to …..

          • Michael C

            I act like a man.

            It would be nice if you started to act like an adult.

          • She-Panther

            Who are you kidding?
            Gay men’s mannerisms give them away instantly.
            No, you do not act like men. Not even close.

          • TheKingOfRhye

            And how many gay men have you actually met? I’ve personally met gay men who acted as “manly” as anybody. And for that matter, I’ve met effeminate men who were straight.

          • Ambulance Chaser

            😀

          • Amos Moses

            mikey ….. a homosexual does not ACT as a man ……….. hence the label “gay” or homosexual ………. they act as women ………….

          • Saunders61

            Don’t be shaken by their ignorance Michael. Many people on this board are living by a dogma only supported by myths.

          • TheKingOfRhye

            Wait a minute here…..you’re saying homosexual men are all acting in the role of women? So, that would mean…..gay male couples are really just trying to be lesbian couples? Uh, sorry, doesn’t make a damn bit of sense to me….

          • Amos Moses

            and i am not surprised that it does not ……. as you are confused ….. as they are …. you just support their confusion ….. they are not men …. as they ACT as women …. that does not make them lesbians …. it makes them confused and their thinking is broken ….. just as yours seems to be …

          • TheKingOfRhye

            No, I’m just trying to carry out YOUR line of thinking to its logical conclusion. That’s what I find confusing.

          • Amos Moses

            reductio absurdum … not good debate technique ……….

          • TheKingOfRhye

            No, it’s usually a good way to expose fallacies, I find.

          • Amos Moses

            no …. it exposes nothing but the fallacy of the person using it ………

          • TheKingOfRhye

            What’s my fallacy, then? Reductio ad absurdum is not one.

            You have no room to tell me what good debate technique is. I haven’t seen you use any.

          • Amos Moses

            no ……. you cannot defeat any of the ideas put forward so you are in denial ….. your fallacy is that homosexuals are normal ….. that because they act as women then they are lesbians ….. which does not change anything ….. they are still homosexuals ….. and by extension ….. if men like women then those women must also be lesbians because they like people who like women ….. your argument holds no water again …… your entire “logical” argument is illogical …………… and it does not deal with the fact the homosexuality is aberrant …….. fail …………

          • TheKingOfRhye

            I thought you understood what I was trying to do, but I guess not. The “gay men act like women” thing is YOUR argument, not mine. The idea that a gay male couple who both act like women would be trying to be lesbians is just me trying to carry your argument to what I thought was its logical conclusion. Again, that’s not what I am claiming.

            My fallacy is that homosexuals are normal? Argh….no, I’m not claiming that. I thought I have said this enough times around here. Homosexuals are a relatively small minority. By definition, they are not normal. However, I am not one of those who, like you and many others seem to, think that it’s some sort of crime or sin to not be normal.

          • Amos Moses

            not an argument ….. the truth ….. when a supposed man allows another man to penetrate his body in the fashion that they do …… they ACT AS A WOMAN …… no …. not “my thing” ….. THEIR THING ……. not as a man ….. AS A WOMAN ……………

  • AustinRocks

    Confused cuckoos

  • Nidalap

    Insanity reigns supreme…

  • Grace Kim Kwon

    USA should make the 3rd bashrooms for sexually sinful people. This kind of culture adheres to falsehood and is uncivilized and harms children especially girls.

  • michael louwe

    Tyranny of the tran’ny(LGBTQs) against the normal majority girls, … all bc the liberals of the Blue States wanna pander for the LGBTQ-vote.
    ……. Now many school girls will hv to suffer irreparable harm from tran’nies who may openly urinate with their penises or being peeped/ogled by tran’nies while they r urinating or changing clothes.
    .
    Hv there really been suicides by tran’nies bc they could not use the girls’ restrooms.?

    • This style 10/6

      Female washrooms have individual stalls. How are they going to peep?

  • Lisa

    One in 500 people are transgendered… not molesters.
    What are the odds that you will run into one. What are the odds that they are there to “attack” or “hurt you” in some way? This article is about an 11 year old. I don’t worry about the harm she will do you; I worry about the harm you will do her.