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Gang of 21 Democrat AGs Wage Pivotal Court Fight to End Traditional Gender-Exclusive School Bathrooms

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A group of Democratic attorney generals are pulling out all the stops to end the use of traditional gender-exclusive bathrooms.

The band of 21 attorney generals, led by Washington state’s Bob Ferguson and New York’s Letitia James, have signed on to an amicus brief aiming to block legislation passed in Idaho prohibiting transgender students from using bathrooms that align with their preferred “gender identity.”

In a news release, Ferguson insisted that the practice of “allowing students to use bathrooms and changing rooms that correspond with their gender identity helps them feel accepted and does not pose a threat to anyone.”

“In Washington, where the rights of transgender students are protected, public schools report no instances of transgender students harassing others in bathrooms or locker rooms,” the release states.

“In contrast, the evidence is overwhelming that prohibiting students from using facilities that correspond to their gender identity causes them very real physical, emotional and mental harm.”

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The release also cited an apparent study from 2016 that transgender people who were “denied access to bathroom facilities were approximately 40% more likely to have attempted suicide than other transgender people.”

In the brief, the self-described “coalition” argues that preventing transgender students from using their preferred restroom amounts to a violation of federal civil rights laws.

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“Ensuring transgender people have access to public facilities consistent with their gender identity — including access to common restrooms — benefits all, without compromising safety or privacy, or imposing significant costs,” the brief states.

“[We] share a strong interest in seeing that federal law is properly applied to protect transgender people from discrimination,” it continues.

The effort comes several months after a lawsuit was filed in federal court by Boise High School’s Sexuality and Gender Alliance and a transgender student under the pseudonym Rebecca Roe against Senate Bill 1100.

The bill, which was passed by Idaho’s Republican trifecta back in March, gives students the right to sue schools for $5,000 for every time a transgender student is found using a bathroom that does not correspond to their sex.

In October, federal Judge David Nye rejected a demand for a preliminary injunction aimed at preventing Idaho school officials from implementing the law, allowing it to take effect pending their appeal to the 9th U.S. Circuit Court of Appeals.

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Other states supporting the brief include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington, D.C.


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