The 7th Circuit Court of Appeals ruling Tuesday upheld a preliminary injunction from the U.S. District Court for the Southern District of Indiana last year ordering the Metropolitan School District of Martinsville and the Vigo County Schools to give the transgender students such access.
"Students who are denied access to the appropriate facilities are caused both serious emotional and physical harm as they are denied recognition of who they are. They will often avoid using the restroom altogether while in school," Falk said. "Schools should be a safe place for kids and the refusal to allow a student to use the correct facilities can be extremely damaging."
Although Indiana doesn't have any current laws restricting bathroom access for transgender students, nearly a dozen other states have enacted such laws, including North Dakota, Florida and Kansas. U.S. District Judge Tanya Walton Pratt in Indianapolis cited Title IX of the Education Amendments of 1972 in her ruling at the time. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.
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