Trans Rights Court Victories are Here: Indiana, Tennessee, and West Virginia See Big Trans Rights Victories In Court

While the last several months have been difficult for supporters of transgender rights, there are signs that the narrative could change soon. Major court victories are now occurring in several states.

In recent months, the legislative environment for transgender rights has been challenging for the transgender community. Over 470 proposed bills target trans people and many have been enacted. Thirteen states now prohibit gender-affirming care for transgender youth, drag bans are advancing nationwide, and legislation aimed at trans individuals in schools is increasingly prevalent. As state legislative sessions adjourn and new laws take effect, the struggle for transgender rights in America enters a new phase: judicial review, and the initial results are promising.

This week brought encouraging news for the community, as three states experienced significant court victories in favor of trans people. In Indiana, the 7th Circuit Court of Appeals determined that schools have no right to misgender transgender students. In Tennessee, a federal judge halted a drag ban, asserting that it is likely unconstitutional. Most notably, in West Virginia, the Supreme Court declined to consider a case that would have reinstated the state's sports ban, permitting a 12-year-old transgender athlete to continue participating.

Indiana “Right To Misgender” Overruled

In Indiana, a music teacher expressed objections when school policies mandated that teachers use the names and pronouns for students as recorded in their official files. The teacher's music class included several transgender students. Upon allegedly refusing to comply, the school offered the teacher the option to resign or face termination. Subsequently, the teacher hired attorneys from the Alliance Defending Freedom – the legal organization behind numerous anti-transgender bills this legislative cycle – to represent him in court. The case reached the 7th Circuit Court, which ruled that teachers do not possess a "right to misgender" transgender students. The court further determined that refusing to comply with trans-inclusive school policies imposes undue burden and causes harm to transgender students:

“In sum, we affirm summary judgment against Kluge on his discrimination claim. Brownsburg has demonstrated as a matter of law that the requested accommodation worked an undue burden on the school’s educational mission by harm-ing transgender students and negatively impacting the learn-ing environment for transgender students, for other students in Kluge’s classes and in the school generally, and for faculty.”

The 7th Circuit Court covers Indiana, Wisconsin, and Illinois - all of which will be protected by this decision.

Tennessee Drag Ban Blocked

This week also saw a notable victory in Tennessee. The recently passed Tennessee drag ban targeted individuals the state considers "male and female impersonators," a term left undefined in the legislation. The law would criminalize drag in public and potentially even transgender individuals for public performances if prosecutors deemed the performance "obscene." During bill hearings, the sponsor, Rep. Chris Todd, asserted that even drag story hour was "obscene," indicating that the bill aimed to target any form of drag and gender nonconformity. However, the bill was halted in court last week.

Just Friday, the Judge extended his block on Tennessee’s drag ban, stating that Tennessee had likely violated the first amendment and “missed the mark” when it passed the ban. See this strong statement from the Judge’s opinion:

Judicial opinion on Tennessee’s drag ban.

Drag bans are moving through several other states right now, and this opinion from a federal judge could give pause to the legislators running the bills. At the moment, Montana’s drag ban is likely the closest to passing. It remains to be seen how legislators there treat this court decision as debate over this bill reaches the final stages before passage.

Supreme Court Allows Trans Girl To Keep Playing In West Virginia

In West Virginia, a ban on transgender participation in sports threatened to block transgender athletes in the state from playing. One of the few transgender athletes in the state is a 12 year old trans girl named Becky. West Virginia’s ban was blocked by the 4th Circuit Court of Appeals. This lead to the Governor of West Virginia filing an emergency motion with the Supreme Court to have the case heard - a process often reserved national security threats and imminent harm - all over a single 12-year-old transgender girl.

Earlier when the law passed, the Governor of West Virginia was not able to name a single transgender athlete in the state trying to get an “unfair advantage.”

See this clip:

The Supreme Court decided 7-2 to allow the transgender girl to continue playing while the case worked its way through the courts. Justices Barrett, Gorsuch, and Kavanaugh joined the liberals, with Alito and Thomas dissenting. This ruling was not decided on the merits, so it would be faulty to assume that this is how the justices would rule should the case ever be presented fully in front of them. Nonetheless, it is significant as it is the first major case to come before the Supreme Court around anti-trans laws passed over the last three years, and it was decided in transgender people’s favor.

Dozens of lawsuits are currently progressing throughout the United States, with virtually every gender-affirming care ban facing scrutiny. The ACLU has already filed a lawsuit in Indiana and pledged to pursue more in other states. Historically, lawsuits involving transgender issues have often resulted in favorable outcomes for plaintiffs who challenge them as discriminatory. Gender-affirming care bans in Arkansas and Alabama are presently blocked in court due to previous lawsuits. In the coming months, the morale among transgender rights activists may experience a significant shift as the focus transitions from the passage of laws targeting the community to court victories overturning them.