U.S. Judge Bars Request To Ban Transgender Student From Bathroom

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The plaintiffs were represented by Alliance Defending Freedom, an anti-LGBT group that has been designated a hate group.

Last month, a U.S. judge in Illinois rebuffed an anti-LGBT legal group's attempt to keep transgender students from using restrooms that match their gender identities at a Chicago area high school.

On Dec. 29, U.S. District Jorge Alonso in a 14-page decision rejected a request from parents who objected to the policy at Township High School District 211 to overturn a magistrate judge’s determination in favor of the school allowing trans kids to use the restroom of their choice.

A group called Students and Parents for Privacy, along with several students, brought the complaint following the Obama administration's call for schools to allow transgender students to use bathrooms consistent with their gender identities.

Magistrate Judge Jeffrey Gilbert upheld the policy last year. Although much of the magistrate decision’s decision was rendered moot after the Trump administration subsequently revoked the Obama-era guidance last year, the plaintiffs continued their objections in federal court.

Neither judge was convinced that harm was done by allowing students to use the restroom of their choice:

“As the magistrate judge observed, either student plaintiffs did not notice that transgender students were using restrooms consistent with their gender identity, or they knew and tolerated it for several years. The passage of time therefore further undermines plaintiffs’ claim of irreparable harm.”

The plaintiffs were represented by Alliance Defending Freedom, an anti-LGBT group that has been designated by the Southern Poverty Law Center as a hate group.

Gary McCaleb, a senior counsel with Alliance Defending Freedom, said in a blog post an appeal to the 7th Circuit was likely after the decision.

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