Ruling Favors Jackie Evancho’s Transgender Sister in Bathroom Case

http://www.nytimes.com/2017/02/27/us/jackie-evancho-transgender-sister-bathroom.html

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Juliet Evancho, a transgender woman whose sister performed at President Trump’s inauguration, scored a temporary legal victory on Monday when a federal judge ruled that she and two other transgender students at a Pennsylvania high school must be given access to restrooms corresponding to their gender identity.

In his ruling, Judge Mark R. Hornak, of the United States District Court for the Western District of Pennsylvania, concluded that the three students had a “reasonable likelihood” of success in arguing that the Pine-Richland School District’s decision last fall to bar them from using those bathrooms was unconstitutional. As a result, he granted a preliminary injunction that they had sought against the policy.

“The ruling is a reminder to school districts across Pennsylvania and across America that they have a legal duty to respect the gender identity of all their students,” said Omar Gonzalez-Pagan, a lawyer with Lambda Legal, the nonprofit civil rights group that is representing the three students.

The decision came amid renewed national focus on transgender rights. On Wednesday, Mr. Trump rescinded rules allowing transgender students access to bathrooms in line with their gender identity, prompting a strong response from advocates. Among them was Ms. Evancho’s sister, Jackie, who had performed at the inauguration.

“I am obviously disappointed,” she said in one Twitter post. In another, she asked Mr. Trump to meet with her sister. On Thursday, his press secretary, Sean Spicer, said the president “would be welcome to meet with her.”

Ms. Evancho, 18, is joined in the suit by Elissa Ridenour, a fellow 18-year-old transgender woman, and a transgender boy who is a minor, Judge Hornak said in the ruling. All three are seniors at Pine-Richland High School in Gibsonia, Pa., and all three have received hormone treatment or therapy.

School officials had for some time embraced each student by their gender identity. But early last year, apparently encouraged by a parent, the district superintendent addressed the issue with the whole school community for the first time, according to the ruling.

After months of discussions, the school board voted in September to reverse the informal policy on bathroom use, limiting the three students to single-user bathrooms or those that do not match their gender identities.

“The past months have been incredibly stressful, and this was all so unnecessary,” Ms. Ridenour said in a statement after Monday’s ruling. “There was no problem before, and we are confident there will be no problem now.”

Peter Lyons, a board member who said he voted against the policy that the board approved last fall, commended the judge’s ruling in an emailed statement.

“Judge Hornak’s decision is well reasoned and welcomed by many in our community,” Mr. Lyons said, noting that he did not speak for the board, but only for himself. “It dispels the myths and unfounded fears that are often put forth to justify discrimination. It restores the constitutional rights of students that were in place in our district for many years without incident.”

Lawyers for the school board did not immediately respond to a request for comment.

While it is unclear whether the district plans to continue pressing its case, the issue may soon be settled by a lawsuit brought by Gavin Grimm, a transgender boy, against his school board in Gloucester County, Va. The United States Supreme Court is scheduled to hear oral arguments in that case next month.