Nicole Maines with her twin brother Jonas A judge in Maine's highest court has ruled transgender students must have full access to school facilities. He’s found denying a transgender girl the use of the girls’ restroom at her school violated her rights under Maine’s Human Rights Act, which prohibits discrimination against transgender people. The decision in the Gay and Lesbian Advocates and Defenders (GLAD) lawsuit Doe v. Clenchy marks the first time a US state court has ruled that transgender students must be allowed to use the bathrooms that match who they are. “This is a momentous decision that marks a huge breakthrough for transgender young people,” says Jennifer Levi, director of GLAD’s Transgender Rights Project, who argued the case. “Schools have a responsibility to create a learning environment that meets and balances the needs of all kids and allows every student to succeed. For transgender students this includes access to all school facilities, programmes, and extracurricular activities in a way that is consistent with their gender identity.” “A transgender girl is a girl and must be treated as such in all respects, including using the girls’ restroom. This ruling is consistent with what educators and human rights commissions – including the Maine Human Rights Commission -- around the country have concluded,” adds GLAD Senior Attorney Bennett Klein, who was co-counsel with Levi. The litigation arose after officials at an Orono elementary school denied Nicole Maines, a transgender girl who was then in fifth grade, use of the girls’ restroom. The school had previously allowed Nicole to use the girls’ room but reversed course after the misconduct of one male student who followed Nicole into that facility. “We are very grateful and relieved that the Court said our daughter should not be singled out for different treatment at school simply because she is transgender,” says Wayne Maines, Nicole’s father. “As parents all we’ve ever wanted is for Nicole and her brother Jonas to get a good education and to be treated just like their classmates, and that didn’t happen for Nicole. What happened to my daughter was extremely painful for her and our whole family, but we can now close this very difficult chapter in our lives. We are very happy knowing that because of this ruling, no other transgender child in Maine will have to endure what Nicole experienced.”
Credit: GayNZ.com Daily News staff
First published: Friday, 31st January 2014 - 11:10am