NC’s newest bathroom battle is stoking worries about LGBTQ student harassment

Read more at Charlotte Observer.

Transgender students are absorbing the consequences of a growing fight in Cabarrus County Schools, where two federal lawsuits and a Trump administration investigation are challenging how the district handles bathroom access, LGBTQ advocates say. For months, parents, elected officials and community members clashed over whether transgender students should be allowed to use bathrooms and locker rooms that align with their gender identity. But advocates say another question has received less attention: What does the fight mean for LGBTQ students going to school every day?

“When I think about a trans girl going into a girl’s restroom, I worry about her harassment, not what she will do to other young people,” said Sarah Mikhail, CEO of Time Out Youth. Time Out Youth serves LGBTQ young people ages 13 to 24 in Charlotte and surrounding communities. Within the organization, young people regularly talk about the broader social climate surrounding bathrooms, sports and LGBTQ issues in schools, she said. Mikhail said the effect shows up in basic routines. Some young people Time Out Youth works with avoid school bathrooms entirely because they do not feel safe using them. She said that kind of vigilance does not stay confined to the restroom. Students who are constantly calculating where they can go, who might be watching them or whether an adult will support them can have a harder time concentrating, asking for help or feeling comfortable enough to learn. “We have young people that do not go to the bathroom all day at school,” Mikhail said. “This is not uncommonly reported.”

LGBTQ students not only face school rules, they also hear messages from politicians, social media, family members and community leaders about what gender means and what transgender people should be allowed to do. For some students, those messages arrive before they even figure out how they identify or whether they feel safe coming out. That uncertainty, she said, can impact whether students feel comfortable telling a teacher they had a hard night, asking for help on an assignment or using the name and pronouns that feel right to them. “You need to feel emotionally okay to share and be yourself at school,” Mikhail said. “So then you can be open to learning.” How Cabarrus became a legal battleground Cabarrus County Schools does not have a separate policy governing transgender students’ bathroom access. School board attorney William Isenhour has said the district handles the relatively rare situations on a case-by-case basis while attempting to comply with federal law.

The district has repeatedly pointed to a 2020 Fourth Circuit Court of Appeals ruling, Grimm v. Gloucester County School Board. In that case, the court ruled a Virginia school board violated Title IX and constitutional protections when it required a transgender boy to use bathrooms based on his sex assigned at birth or use a private restroom. Because the Fourth Circuit includes North Carolina, Cabarrus officials have said the ruling binds the district. The Trump administration now takes a different view. The U.S. Department of Education’s Office for Civil Rights opened a Title IX investigation into Cabarrus in June after complaints that the district allowed transgender students to use girls’ bathrooms and locker rooms. Federal officials said the administration interprets Title IX based on biological sex and is investigating whether the district violated the privacy and safety rights of female students. On July 31, three anonymous 17-year-old Cox Mill High School students and their parents sued the district. Represented by the conservative legal organization America First Legal, they argue transgender students should not be permitted to use multi-person bathrooms and locker rooms corresponding with their gender identity.

A second lawsuit followed one week later. Cabarrus father Brandon Matthews sued after school officials declined to promise they would notify him if transgender students were permitted to use the same sex-segregated bathrooms or locker rooms as his children. He argues parents have a constitutional and religious right to receive that information and request another arrangement. The Cabarrus controversy comes as transgender rights have become a major national political talking point, with fights over girls’ sports, bathroom access and school policies playing out in courts and school board meetings. ‘Stop arguing about bathrooms’ Rebecca Herrick, a mother of three Cabarrus County Schools students, said she sees the bathroom fight as a distraction from other issues in the district. Her own children have thrived socially in CCS, Herrick said, and she wants transgender students to be treated the same. She said the controversy pulls energy away from issues that affect students more, including the district’s ongoing financial and operational challenges.

“It is time to stop arguing about bathrooms,” Herrick said. “By shifting the conversation to social issues, they are successfully diverting public energy.” Herrick said she worries that it sends a message about who belongs in school when adults devote so much attention to policing which bathrooms students use. She said the repeated lawsuits and public fights over bathrooms risk turning transgender students themselves into the subject of controversy. “These bathroom bills and the resulting lawsuits create a climate of fear and exclusion that treats transgender students as problems rather than children who deserve support,” Herrick said. ‘They’re just kids’ Joshua Jernigan said he is already hearing that fear from families. Jernigan founded the Gender Education Network, which works with transgender and gender-diverse children age 12 and younger and their families across North and South Carolina.

Jernigan said his organization has heard directly from families since the lawsuits and federal investigation intensified attention on the district. Some have reached out worried about what the legal fight could mean for their children and whether it will make school feel less safe. “We’ve had a lot of families reach out in a bit of a panic,” Jernigan said. He said transgender and gender-diverse children may not follow the legal arguments themselves, but they hear how adults in their communities talk about people like them. When they hear phrases like “these people” or “those people,” Jernigan said, they understand they are being singled out. That can be especially unsettling for children approaching middle school, he said, when situations involving locker rooms and trying to fit in already feel scary. “There’s nothing sinister or nefarious about trans kids,” Jernigan said. “They’re just kids who want to go out for recess and hate math.”

Iowa must pay $85K because state troopers blocked trans students from Capitol restrooms

Read more at LGBTQ Nation.

Six months after Iowa removed gender identity as a protected class from its civil rights laws, the state now must pay $85,000 to LGBTQ+ students ejected from the Iowa Capitol in 2020, among them trans students who were denied access to the building’s bathrooms.

Iowa Safe Schools, an LGBTQ+ youth advocacy group, sponsored the visit of about 150 Iowa students and chaperones to the Capitol to meet with legislators in 2020. The group’s then-executive director, Nate Monson, told the Iowa Register that, at the time, Iowa State Patrol troopers told several transgender students they couldn’t use one of the bathrooms and had to use a gender-neutral restroom instead.

When Monson intervened, arguing that the troopers’ directions were inconsistent with state law, the entire group was ordered to leave

“I went up to the trooper and said, ‘No, that’s not what the law says,’” Monson said. “The civil rights code includes gender identity. He told me it did not. Then I told him yes, it did. And he said, ‘Well it doesn’t include bathrooms.’”

The students were then told to leave the Capitol altogether, that they had been banned from the Capitol grounds, and they would be arrested if they returned.

The students and several Iowa Safe Schools leaders filed suit in 2022, alleging sex-based discrimination, harassment, and unlawful retaliation.

Under terms of a settlement agreement — filed in July and approved by the Iowa State Board of Appeals on Tuesday — the state will pay the students and group leaders to settle the case without admitting any wrongdoing. 

“These individuals were exercising their constitutional and civil rights when they were singled out and removed from the Iowa Capitol solely because of their identity and their affiliation with an LGBTQ+ organization,” said Devin C. Kelly, an attorney for the plaintiffs, following the Board of Appeals approval.

“At a time when LGBTQ+ Iowans and their families continue to face growing challenges, this settlement reaffirms a simple truth: all Iowans are equal under the law,” Kelly added.

In a letter to the Board of Appeals, state attorney Jeffrey Peterzalek made it a point to say that the plaintiffs’ legal claims “would now not be allowed” under the updated Civil Rights Act.

With Republican Gov. Kim Reynolds’ signature in February, Iowa became the first state in the nation to remove a previously protected class from its civil rights laws. The change took effect July 1.

Hockey star kicked out of women’s restroom by ‘gender police’ who thought she was a man

*This is reported by Outsports.

Hockey star Madison Packer played in five All-Star Games and is the second-highest goalscorer in the history of the Premier Hockey Federation, which was the forerunner to the National Women’s Hockey League.

Packer is widely recognized as an icon of women’s sports. Yet not for the first time, Packer recently found herself being misgendered as a result of gender policing she believes is escalating in line with heightened anti-trans rhetoric.

Two weeks ago, the 33-year-old posted an Instagram story to say that in late April she had been “forcibly removed” from a women’s bathroom stall in a Florida nightclub.

She was prompted to go public after learning of a woman who was kicked out of a Boston hotel bathroom, having been ordered by an attendant to “prove” she was female.

Packer, who spent eight seasons with the Metropolitan Riveters in the NWHL and PHF, wrote “sounds familiar” when sharing an article about the incident on social media.

She describes her own experience in Florida as “humiliating” and connects it directly to the ongoing discourse in society that suggests trans people pose a threat in women’s spaces.

“The entire bathroom situation is absurd,” Packer tells Outsports.

“The fear-mongering and outright propaganda we have perpetuated against the trans community in this country is pathetic.”

Packer says she had been with her wife and their friends at the club in Naples, Fla., when she left them to visit the restroom.

“Upon walking in, the female bathroom attendant several times said, ‘Sir sir,’ as to get my attention,” recalled Packer. “I am a cis female. I don’t respond to ‘sir.’”

During her playing days, the former power forward was a vocal leader on and off the ice, partnering with You Can Play on the organization’s LGBTQ advocacy initiatives.

She ignored the attendant and headed into a stall. 

It was then that Packer felt the attendant pulling her backwards by the shoulder.

“Again, she addressed me as ‘sir’ and told me I was in the wrong bathroom. We proceeded to argue over the bathroom I was in until I showed her my driver’s license.”

In Florida, trans people are prohibited by law from using public bathrooms and gendered facilities that align with their gender identity in all government-owned buildings, including K-12 schools and colleges.

The law applies only to facilities run by the state, but there have been several reports of trans, nonbinary and gender nonconforming people being challenged when using restrooms inside private businesses.

The Movement Advancement Project lists five other states — Arkansas, Montana, South Dakota, Utah and Wyoming — as having passed bathroom bills similar to that of Florida.

For women like Packer, who in her own words is “masculine presenting,” the chances of being confronted in a restroom are by no means limited to certain states. 

She says that a few years ago, she was also involved in a physical altercation with a male bouncer in the bathroom of a bar in Connecticut.

It’s natural for her to speak out about the damage done by gender policing. After announcing her retirement from hockey last November, Packer and her wife, Anya Battaglino, started a podcast called “These Packs Puck” in which they discuss queer parenthood and navigating life after pro sports.

Battaglino is also a former NWHL player. She came out as gay via an Outsports essay in 2018; the couple married the following year, and they now have two kids together.

On the latest episode, they talk about how being challenged in Florida left Packer “very upset” on what was, by coincidence, Lesbian Visibility Day. The couple had posted to Instagram to mark that awareness day, using an old photo taken in a Palm Springs restroom to make a point.

Anya wrote the caption: “Minding mine. (Wish the government would do the same).”

A little over a week later, Packer shared more details of her confrontation after reading online about what had happened in the Boston hotel.

In its reporting of that incident, CBS News quoted the executive director of PFLAG Greater Boston, Nina Selvaggio, who said: “For gender nonconforming lesbians, women in general, being harassed in public restrooms is a tale as old as time.

“I do think the surge in national anti-trans rhetoric is contributing to an increased policing of women’s bodies and their expression of gender.”

Packer told Outsports she agrees “wholeheartedly” with Selvaggio’s comments.

“I find it infuriating that we’re now going as far as to dictate or try to regulate what ‘female’ looks like.

“I’ve shared locker rooms and bathrooms with straight men, gay men, gay women, straight women, trans men, and trans women… I’ve never once had an altercation or inappropriate exchange with a trans person.

“I think we’re concerning ourselves with the wrong groups when it comes to restroom safety.”

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