Pennsylvania transgender students sue their school district

Three transgender seniors at Pine-Richland High School, near Pittsburgh, have sued their school district over passage of a regulation passed last month that forces them to use the restrooms associated with the gender they were assigned at birth. Previously the district had allowed transgender students to use the restroom corresponding to their gender identity.

The district "attempted to erase their identity" and changed the rule due to "misunderstanding, fear and a lack of empathy.

--Omar Gonzalez-Pagan, Lambda Legal, who represents the students

Two 18-year-old plaintiffs, Juliet Evancho and Elissa Ridenour, were named Jacob and Erik at birth, but now identify as female. The third plaintiff, a 17-year-old, identified only by the initials A.S. now identifies as male. Juliet is now Evancho's legal name; Ridenour's remains Erik.

Juliet Evancho is the oldest sibling of singer Jackie Evancho.

The lawsuit contends they were "designated" male or female on their birth certificates and are being discriminated against by the new policy, which their federal lawsuit seeks to reverse. They're also seeking unspecified monetary damages, other policies to avoid transgender discrimination and training for administrators.

The reality is Juliet is a girl, Elissa is a girl and A.S. is a boy,

They want to be able to graduate Pine-Richland knowing that their school recognizes and respects who they are.

--Gonzalez-Pagan

As an adolescent, Juliet sang a duet on an album by sister Jackie.

Juliet sang the male part, which caused her distress. She considered this to be a huge step backward because everyone who listened to the song heard a boy, but Juliet knew she was a girl.

--the lawsuit

The lawsuit contends the restroom rules violate Title IX, the federal law that bans sex discrimination in schools receiving federal funds, and the equal protection clause of the U.S. Constitution.

Although federal judges in North Carolina, Wisconsin and on the 4th U.S. Circuit Court of Appeals have agreed, others haven't or simply haven't had a case on which to rule.

So far, no judge in the federal Western District of Pennsylvania, where the lawsuit was filed, has ruled on the issue, nor has the 3rd U.S. Circuit Court of Appeals that oversees federal courts in Pennsylvania and several other states.

The lack of uniformity means the question will eventually be decided by the U.S. Supreme Court.

Also representing the students is the law firm Kline and Specter.

Named as defendants in the suit are the school district, superintendent Brian R. Miller and high school principal Nancy Bowman.

The new school board “sex-specific” resolution that overturned the longtime practice narrowly passed, 5-4. Voting in favor of the resolution were board members Greg DiTullio, Therese Dawson, Holly Johnston, Steven Stegman and Virginia Goebel. Voting against were Jeffrey Banyas, Dennis Sundo, Marc Casciani and Peter Lyons.

For transgender students the policy erases their gender, endangers their health and safety and isolates them from the entire student body.

The school district had created a problem where there had been none previously because it had a respectful and inclusive policy without incident.

--Gonzalez-Pagan

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