Pennsylvania School District Asks Court to Dismiss Lawsuit Over Restroom Rules

restroom-sign-compressedPITTSBURGH, Pa. — A school district in Pennsylvania has asked a federal court to dismiss a lawsuit challenging its new resolution that students should use the restroom that correlates with their biological gender.

“Plaintiffs have failed to state a Title IX Claim against the district upon which relief can be granted, and thus said claim should be dismissed with prejudice,” attorneys for the Pine-Richland School District wrote in a brief submitted on Monday.

“The term ‘sex,’  as codified into the Title IX statute and accompanying regulations, refers to a fixed, binary and genetically-determined sex, based on the nature of human reproduction and the irrefutable fact that we are a species of males and females,” they argued. “Title IX also permits separate facilities to be maintained for the sexes.”

As previously reported, in September, the district overturned its longstanding practice of allowing students to use the restroom that corresponds with their “gender identity.”

“This resolution agreed to by a majority of the board of directors of the Pine-Richland School District indicates our support to return to the long-standing practice of providing sex-specific facility usage,” a resolution, passed 5-4, read. “All students will have the choice of using either the facilities that correspond to their biological sex or unisex facilities. This practice will remain in place until such time that a policy may be developed and approved.”

Students could also use the unisex restrooms or the restroom in the nurse’s office.

But following the move, Lambda Legal filed a lawsuit on behalf of three students—Jacob Evancho, who goes by the name Juliet, Erik Ridenour, who goes by the name Elissa, and a third student who has only identified themselves as A.S.—stating that the plan violates Title IX of the Education Amendments of 1972, as well as the equal protection clause of the U.S. Constitution.

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Evancho, who is the brother of youth singing sensation Jackie Evancho, began identifying as a girl last year.

The district filed for a dismissal of the suit on Monday, stating that Lamba Legal is relying on the interpretation of the Obama administration, which it asserted is flawed and “contravenes congressional intent as related to Title IX and was issued by the DOE and DOJ without appropriate notice and comment rule-making as required by the Administrative Procedures Act.”

Lambda Legal disagreed with the district’s view on what determines a person’s sex, stating that it is primarily based on what the individual feels.

“The hard-line stance taken today by the Pine-Richland School District show how far the school district has strayed from its mission to educate and serve all its students,” attorney Omar Gonzalez-Pagan said in a statement.

“A person’s sex is determined by multiple factors, including hormones, external and internal morphological features, external and internal reproductive organs, chromosomes and gender identity,” he said. “Gender identity—a person’s internal sense of their own gender—is the primary factor in determining a person’s sex.”

The U.S. Supreme Court is expected to take up the issue of the Obama administration’s interpretation of Title IX next year.

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  • Reason2012

    So notice the hypocritical logic they use:

    If you’re a man who only FEELS like a woman, even though you still have male genitalia, it’s “discrimination” to make him use the bathroom with other men.

    But if you’re REALLY a BIOLOGICAL woman (who obviously also FEELS like a woman, btw), then it’s NOT discrimination to make her use the bathroom with other men who will now walk in on her, both in bathrooms and locker rooms.

    Behold the hypocrisy of their “discrimination” lies.

    They want to discriminate against everyone else in the name of stopping discrimination. They are discriminating against and endangering everyone else by enabling_perverts, predators and_pedophiles.

    These activists who push these agendas do not care for the LGBT people – they proved it when they rush to defend islam / sharia law when 50 LGBT were killed by yet another person following islam / sharia law. This is nothing but using LGBT to attack Christianity and normalcy.

    Contact your representatives about the REAL discrimination: forcing 100% of women and little girls to use the bathroom with men who will walk in on them in bathrooms and locker rooms.

    • johndoe

      Nobody has defended islam in the wse of those killings. Nobody is attacking your religion. So ridiculous. Love the cut n paste.

    • Ambulance Chaser

      You seem to have difficulty with the definition of “discrimination.”

      • bowie1

        You don’t mind showing your private parts in the shower room?

        • Ambulance Chaser

          That has nothing to do with what I said.

          • JohnDoe11

            Yes, it is, genius, and you’re alluding to it.

  • Palsgraf’s Scale

    So, the School District’s Attorney has moxie by asking for a Fed. R. Civ. Pro. 12(b)(6) Motion for Dismissal with prejudice. There is no legal reason to bother dismissing this with prejudice. The court should have granted the nonmoving party the opportunity to refile. That’s grounds for an appeal right there.

    I don’t understand why people are so touchy about transgender bathroom use. The number of transgender individuals who are also sexual predators is so astronomically small as to not justify legal response. The math, best case scenario for the side that wants to stop this, supports that there would be perhaps 7 such assaults by those who are both transgender and child molesters in the country per year. Best case scenario. That’s minuscule.

    Leaving aside the question of criminal actions, why else is this a problem? What does it matter what the person in the next stall has between their legs? You’ll never see it.

    • Dave R Eflects

      Troll, you need a job. They’re hiring at Dollar Tree, give it a look.

      • Palsgraf’s Scale

        You aren’t wrong. I do need a job. That would be why I’m in law school. Perhaps the Dollar Tree is hiring corporate counsel? It isn’t really the kind of law I’m studying, but that isn’t a reason not to check their legal division. Thank you for the suggestion!

        • Dave R Eflects

          Judging from the utter illogic of your posts, it must be Bubba Joe’s Law School and Bait Shop.

          You’d be lucky to even get a spot as a public defender.

          • Palsgraf’s Scale

            You have such a depth of knowledge of the various cut rate jobs out there, I have to wonder how many of them you’ve been run out of. Bait shops and dollar stores, indeed.

            Instead of spitting vitriol and ignorance, you could always consider engaging the substance of what I have to say and not attacking my character, something you pretty clearly have no genuine knowledge of.

    • Ambulance Chaser

      While I agree with your overall premise, I would consider it malpractice not to move to dismiss when there is a cognizable reason to think a claim has not been stated.

      If the district is correct that “sex” under Title IX applies only to biological sex, then no claim has been stated for a Title IX violation and it should be dismissed.

      I believe, though, that the case law is leaning toward including the sex presented as under Title IX.

      • Palsgraf’s Scale

        The Dismissal isn’t the impressive bit. Its moving for a dismissal with prejudice in this circumstance that impresses me. In this political climate, whether Title IX applies only to biological sex is a significant grey area. I might have dismissed it without prejudice.

        Then again, I’m also cautious to a fault.

        • Ambulance Chaser

          The school moved for “with prejudice” because A) it’s as much of a win as you could ever get (obviously) and B) because complaints are presumed to contain all the facts known. If these facts don’t add up to a claim, you’re done. And if there are other facts, why didn’t you plead them?

          So a 12(b)(6) really is dispositive. If your facts aren’t sufficient, you have no case. There’s no reason to grant leave to refile, because history isn’t going to change the next time you file.

          Also remember that you reach for your “gold” win, even if you don’t expect to get it. No harm in asking.

    • eassa

      “I don’t understand why people are so touchy about transgender bathroom use.” I have to wonder if you are biologically male or female. I might assume you are male in every cell in your body to make such a statement.

      The majority of females understand by instinct why a biological man is not welcome in female spaces. To not feel uncomfortable with men in female restrooms, locker rooms and showers would necessarily make one amoral.

      • Peter Blaise

        If females are superiority sensitive to the presence of men versus their privacy, then why send females to the men’s room ( as North Carolina HB2 demands, for example )?

  • eassa

    “Science tells us that one’s sex is decided by one pair of his or her 46 chromosomes. Of these 22 pairs look alike (the autosomes). In the 23rd pair, males have an X and a Y chromosome; females have 2 X chromosomes. A person is male or female in every cell of his or her body, not just in primary and secondary sexual characteristics. Cases of natural hermaphroditism are very rare. Some are genetic, the result of Klinefelters syndrome, in which there are 2 X chromosomes and 1 Y chromosome in place of the usual XY or XX pair; others congenital, in which the sexual organs of the child have developed incompletely or abnormally during its mother’s pregnancy…”

    Case closed.

  • Grace Kim Kwon

    Biological gender is the objective truth. The issue is the right for the truth to be lived out and everyone’s safety.

  • Amos Moses

    UMass students hold ‘s*it-in’ for gender-neutral bathrooms
    Students at the University of Massachusetts, Amherst are staging a week-long “****-in,” occupying restrooms in an administration building to demand more gender-neutral facilities.
    Gender Liberation UMass, the student group behind the demonstration, announced Tuesday that administrators had “tentatively agreed to progressive ‘benchmarks’ put forth by organizers,” but urges supporters to remain on-call.

    UNTETHERED ……………..

  • cadcoke5

    I have never heard the pro-transgender folks arguing that their philosophy should be extended to the science class. If they were to identify an animal as male or female, how can they possibly do that, if they can’t ask the animal how it feels about its gender? Yet, the biology teacher manages to make the declaration because they know what gender is. Anything else is being irrational, and spitting in the face or our designer.

  • hytre64✓ᵛᵉʳᶦᶠᶦᵉᵈ

    FINALLY – Someone else actually read the language of Title IX, and didn’t just take President Obama’s word that Title IX was about “Gender”. The word used was “SEX”, and the law should be treated as such.