Maine Supreme Court rules school violated transgender student Nicole Maines rights

In a landmark decision the state's highest court ruled that transgender student Nicole Maines rights were violated after her school denied her access to the rest room that corresponded to her gender expression. Ms. Maines had been using the correct restroom but that simple right turned into a legal battle after a male student followed her into the girls room at the prodding of his grandfather.

Hey y'all, I wanted to let everyone know that after a long struggle(5 years o_O) we finally have received the ruling: WE WON THE CASE!!!!!!!
— Nicole Maines (@NicoleAMaines) January 30, 2014

Source: Gay and Lesbian Advocates and Defenders (GLAD):

The 5-1 decision by the Maine Supreme Judicial Court reversed a lower court's ruling from November 2012 and stated that the school was in violation of Maine's Human Rights Act when it denied Nicole Maines (referred to in the ruling as Susan Doe) access to the appropriate bathroom when she was a fifth-grade student at Asa Adams Elementary School in 2007.

According to the ruling, "it has been clearly established that a student's psychological well-being and educational success depend upon being permitted to use the communal bathroom consistent with her gender identity, denying access to the appropriate bathroom constitutes sexual orientation discrimination in violation of the [Maine Human Rights Act]."

While Maines was originally granted access to the girls' bathroom, the school later barred Maines from doing so following media attention when a male student followed her into the girls' bathroom at the instruction of his grandfather, who was opposed to the policy.

"Based upon its determination that Susan is a girl, and in keeping with the information provided to the school by Susan's family, her therapists, and experts in the field of transgender children, the school determined that Susan should use the girls' bathroom. In so doing, the school provided her with the same access to public facilities that it provided other girls," the ruling states.

GLAD and Jodi L. Nofsinger of Berman & Simmons, P.A. represented Susan in the lawsuit.

Learn more about the case and read previous case documents here.

Read the full decision here: http://glad.org/uploads/docs/cases/doe-v-clenchy/doe-v-clenchy-decision-1-30-14.pdf

HUGE VICTORY FOR TRANS RIGHTS IN MAINE!

monstergagaholic:

Hey everyone!

My best friend, Nikki (animainsupport) has won a very important trial today in the fight for Trans rights. The full article is here. She was denied her rightful bathroom in middle school, and was harassed by students and teachers all through school. Luckily, she’s happy and healthy and in a GREAT place right now. She’s been fighting for five years on this case, and she finally won. JUSTICE HAS BEEN SERVED.

WW2 Vet Transgender widow Robina Asti, 92, is fighting for her SS survivor benefits

Lambda Legal is representing Robina Asti, a 92-year-old transgender woman who was denied survivor benefits by the Social Security Administration (SSA) after her husband’s death. The agency denied her benefits after it determined that she was “legally male” at the time of their marriage despite all the legal documents to the contrary.

"I hope Lambda succeeds not for the money but for the act of humanity that is absolute necessary here." ~ Ms.Robina

Dru Levasseur, Transgender Rights Project Director, said:

Robina’s husband passed away over a year-and-a-half ago, and at 92 years old, she should not have to wait another day for the benefits to which she is entitled. The government has recognized Robina as a woman for over thirty years, including on her passport, FAA pilot’s license and her driver’s license. For the federal government to deny her survivor benefits now is inexplicable. This remarkable woman should not have had the grief of losing the love of her life compounded by the insult of having her gender and marriage disrespected.



In a 2004 ceremony in an airplane hangar in Orange County, NY, Robina, a World War II veteran and pilot, married her longtime sweetheart, Norwood Patton. In June 2012, Norwood passed away at 97 years old. On July 27, 2012, Robina applied in person for survivor benefits through the SSA. Though Robina already receives Social Security benefits, being able to claim survivor benefits would increase her monthly check by about $500. On April 24, 2013, the SSA notified Robina that her survivor benefits under Norwood’s Social Security record were denied because “her marriage does not meet the requirements under Federal law for payment of Social Security widow’s benefits,” stating that her marriage was not valid because she was “legally male” at the time of their wedding.

In June 2013, Lambda Legal filed a request for reconsideration on Robina’s behalf. After more than six months, there is still no word from the Social Security Administration.

Said Robina:

I am so insulted that the Social Security Administration refused to recognize me as a woman and treated my marriage to Norwood in such a disrespectful way. I have lived a very private life, but the SSA is forcing me to speak out. I don’t want other people to have to experience this.

Also at sdgln.com