- Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought and;
- Whether, with or without deference to the agency, the Department of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.
Gavin Grimm (G.G.) is a very brave and special kid. He never raised his hand and volunteered to be transgender. At school he could have suffered in silence but he chose to be proactive, to do something for himself and other kids in a similar situation. Gavin realized that he would be a target for ridicule but abject hate from educated adults is something that is quite different. Imagine if he read Liberty Counsel's latest press release which I will attribute to Mat Staver, the leader of the hate group..
The student bringing the lawsuit, Gavin Grimm, a 17-year-old high school senior, is a biological girl who now says she subjectively "identifies" as a “boy.” When Grimm began using the boys’ restroom, some parents complained. Then the school board adopted a policy requiring students to use either the restroom that corresponds with their biological gender or a private, single-stall restroom.[W]ho now says she subjectively "identifies" as a “boy.” The use of the word “now” suggests some conscious decision different from some time period in the recent past which is untrue. Then there is the wrong pronoun. It is intentional disrespect. The word “subjectively” is both incorrect and gratuitous. In point of fact, Gavin objectively identifies as a boy. Finally the word “boy” is in quotes. It is all comparable to: Mat Staver claims to be a “lawyer.”
“It is ridiculous that the Supreme Court has to address whether a confused girl who wants to use the boys’ restroom should be treated as a boy,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The school district’s responsibility is to protect the safety of students from harmful situations. The federal law does not allow people to change their gender by fanatisizingWhat I find ridiculous is some marginal- lawyer pretending to have expertise in medicine and social science. Staver is incapable of honoring the civil compact that we have with one another in order to enjoy a polite society.
they are something other than reality. How the Supreme Court should rule is simple and obvious. The federal law does not allow persons to subjectively think, and therefore be treated, as the opposite of their biological sex. I have very little confidence in the Supreme Court to follow the plain rule of law. Who knows what a majority of the current justices will do because they often put their own personal ideology over the law,” said Staver.
First of all, Gavin Grimm is not a “confused girl.” That is just an expression of ignorance. Grimm is a transgender boy. No judgment is solicited, necessary or welcome. Gavin might also be left-handed. Mr. Staver's use of the word “safety” implies that there is something unsafe about allowing Gavin to use the gender appropriate bathroom. Whose safety is compromised?
The notion that Gavin is fantasizing is both absurd and offensive. Gavin is a boy who just happens to have male genitalia. It is really just that simple. Gavin's doctor has diagnosed him as having gender dysphoria. Perhaps the erudite Mr. Staver has a different medical diagnosis. Or, perhaps, Mr. Staver can recommend a medical intervention for gender dysphoria. Meanwhile, Mat Staver is fantasizing about being a real attorney.