Colleen Jenkins Arguments Against Segregation In Schools

House Bill 2 (HB-2) in North Carolina, also known throughout the U.S. as the bathroom law, has made national news as the latest discriminatory law against the lesbian, gay, bisexual, transgendered and queer (LGBTQ) community. Details of the law will be provided below, but the component of it that seems most controversial and most misunderstood is the mandate for men and women to use the bathroom of the gender into which they were born rather than that to which they have been reassigned. North Carolina governor Pat McCrory has championed HB-2 regardless of the significant detriment and revenue loss his position has cost the state.

In Tony Vedda’s article, “Texas Transgender Bathroom Bill Is an Unnecessary Disaster”, the issue that’s being discussed here is should there be a “bathroom bill” for transgenders? Tony Vedda feels as if there shouldn’t be a bill that separates one another from their physical attributes from their true identity. Vedda believes that there is no real evidence that really support the real needs for the legislation. They came up with a solution for the called “SB 6”, which is supposable a solution to problem that doesn’t even exit. Texas is one of the top states that has many cities and school districts that has specific rules and regulation that was put into place, without worrying about the safeties of others. The law officials have seen absolutely

With the passing of this law, it can be assumed that a person’s only rights stand within the information that is documented on their birth certificate. So it would be presumably safe to say that it would also affect heterosexuals from being protected from discrimination, being that there is no cause to uphold the rights of said couple’s sexual preference for members of the opposite sex. What is ridiculous is that same sex marriage is practiced within the state of North Carolina, but the marriage is still under

In 2015 The North Carolina House passed a bill now referred to as the “Bathroom Bill”, legally known as North Carolina HB2. The direct implications from North Carolina HB2 is that people regardless of current or identifying genders, must use the public bathroom that correlates to the gender on their birth certificate. (“HOUSE BILL DRH40005-TC-1B”) HB2 has been pushed by its supporting lawmakers as a protection on the usage of public bathrooms. Lawmakers claim that the bill is made to protect cisgender individuals, those born to their gender, from transgender individuals, from harassment in the bathroom setting. Yet, there have been zero recorded cases of a transgender individual

To start off Lhamon begins to discuss about how schools need to adapt to support

Segregation is the act of discriminating against others because of their race. The act of Segregating is morally wrong. Racism executes appalling feats. This is because it slows down the development of countries, and brings out the worst in people.

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

Kansas passed a bill on Wednesday, March 16, 2016 that denies transgender students from using the restroom, as well as other facilities retaining to gender “when they are in various states of undress” (Committee on Federal and State Affairs, page 1; sec. 2; subparagraph b; lines 8-12), based on their preferred gender and forces them to use the restroom based on their birth sex. This bill was passed by the Committee on Federal and State Affairs in order to protect the privacy of students and to prevent “potential embarrassment, shame and psychological injury to students” (Committee on Federal and State Affairs, page 1; sec. 2; subparagraph f; lines 27-29). This bill also allows for students to sue a transgender student for two-thousand five hundred dollars if they are found in the “wrong” restroom. Forcing the transgender students in Kansas to use the restroom based on biology is wrong because forcing someone to disregard a personal preference to accommodate another is inhumane and has potentially deadly effects.

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).

House Bill 2 affects transgender individuals all over the United States. HB2 was supported by Governor Pat McCrory and signed into law on March 23, 2016. This new law is not a criminal law, instead, it is a civil law which means an individual cannot be arrested for using the incorrect bathroom. In this law, there is also a section that prevents cities from passing antidiscrimination ordinances that protect the transgender community (Grinberg). HB2 is a discriminatory bill that directly affects all transgender individuals in the state of North Carolina, as well as transgender individuals all over the United States. This bill violates the rights of the

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

TIME magazine in April 5, 2016, in North Carolina, the law passed recently became the first state law in the country limiting transgender people to use the bathroom corresponding to the sex on their birth certificates, also excluding LGBT people from anti-discrimination protections, plus blocking municipalities from passing their own anti-discrimination rules. (Dalesio, 2016)

The House Bill 2 has become a huge topic these past few months with its main hot button issue being the accessibility of public bathrooms to the transgender community. For those whom are unfamiliar with the bill it was created and issued by North Carolinas governor, Pat McCrory. The bill focuses on sticking to the gender norms of public and business owned bathroom. Thus making it illegal for someone whom identifies as a different gender than they sex they are born with to enter the bathroom that they see fit. One of the points that McCrory tosses around in order to keep HB2 in a positive light is that it will help protect the women and children in the community from “predators.” Well how does this bill work when it is applied to public schools in North Carolina were children are the main concern? The answer is that it does not work at all. For now, the previous policy for public school bathrooms are going to stay the same thanks to the federal government, but when applied to schools it becomes a toxic environment for everyone who is not cis gendered.

This law approved by the State of North Carolina clearly violates federal regulations which require for all individuals to have equal access to restrooms without sex-segregation. Individuals who identify as the opposite sex have the privilege to utilize restrooms of the opposite sex under Title VII of the federal government. A few days after the General Assembly approved this law members of the transgender community filed a federal lawsuit against the state. Days later the United States Department of Justice issued an ultimatum for the state to overturn the law or face federal action.

A law recently passed in North Carolina where people have to use a public restroom that corresponds with the sex on their birth certificate. The bill also “reserves the right to pass nondiscrimination legislation to the state government, saying state laws preempt any local ordinances.” This is the first law of its kind in the United States. While other states have considered the so-called “bathroom bill,” North Carolina is the only state to sign it into law thanks to Governor Pat McCrory.