Minnesota Court Of Appeals Rules Transgender Students Can Use Locker Room Matching Their Gender Identity

From the Minnesota Reformer:

By Ricardo Lopez

September 29, 2020

The Minnesota Court of Appeals on Monday ruled in favor of a former Anoka-Hennepin School District high school student who said he faced discriminaton after being forced to use a private locker room for transgender male students.

The student, identified in the lawsuit by initials, N.H., was a student at Coon Rapids High School from 2015 to 2017 before transferring to a different school district. N.H. was a member of the swim team and had used the boys locker room before being directed by school officials to use a separate locker room and bathroom.

His mother sued the school district in February 2019; a lower court ruling denied the district’s request to dismiss the case, leading to the appellate court decision on Monday, heralded by the Minnesota Department of Human Rights as a “landmark decision.”

In a statement, Irina Vaynerman, deputy commissioner for the human rights agency, said: “This decision means that schools are now safer and more welcoming for transgender and gender nonconforming students across Minnesota. Our state was the first in the nation to prohibit gender identity discrimination. Today’s decision honors that legacy and continues to build a more equitable and inclusive Minnesota.”

It’s unclear if the school district will appeal the decision. A request seeking comment was not immediately returned Tuesday, but the school district told the Star Tribune it was reviewing the decision.

The panel of judges noted the potential impact of the ruling, affecting thousands statewide: “According to the district court, an estimated 24,250 adults in Minnesota identify as transgender, all of whom were high-school students at some point,” the decision, written by Judge Peter M. Reyes, Jr., said.

Joining Reyes was Judge Denise D. Reilly.

In a dissenting opinion, Judge Matthew E. Johnson said he disagreed with some of the majority opinion.

“In the absence of any clear statement of law, and in light of conflicting interests, the Anoka-Hennepin School District responded in a reasonable and balanced manner to N.H.’s request to use the general boys’ locker room for his gym class in the spring of his sophomore year at Coon Rapids High School,” Johnson wrote. “N.H. now seeks a determination that the school district violated his rights and a permanent injunction requiring the school district to change its policies and practices for future purposes.”

The Minnesota Reformer is an independent, nonprofit news organization dedicated to keeping Minnesotans informed and unearthing stories other outlets can’t or won’t tell..