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Equality

Trans student wins $1.3 million lawsuit against school that refused to let him use the men's room

Gavin Grimm came out as a transgender male six years ago to his classmates at Gloucester High School in Virginia. The Gloucester County School Board retaliated by prohibiting students "with gender identity issues" from using the same common restrooms as other boys and girls.

Instead, Grimm was forced to use an "alternative appropriate private facility."

Grimm was excluded from using the restroom that confirmed his gender even after undergoing hormone therapy which "altered his bone and muscle structure, deepened his voice, and caused him to grow facial hair." He also obtained a Virginia state I.D. card and birth certificate that listed his legal sex as male.

To top it off, the school refused to designate him as a male on his transcripts after he graduated. As a result, whenever Gavin was required to provide a transcript to colleges or potential employers, he had to provide one that misidentified him as "female."

via Wikimedia Commons

Grimm filed a lawsuit against the school district in 2015 when he was a sophomore claiming that that school's policy violated Title IX and the Equal Protection Clause. Grimm was represented by the American Civil Liberties Union (ACLU) in the lawsuit.

The ACLU announced on August 26 that the U.S. District Court for the Eastern District of Virginia ruled in favor of Gavin on all his claims and it was affirmed by the U.S. Court of Appeals for the Fourth Circuit.

The case was sent to the Supreme Court, but it declined to review it in June, upholding the lower court ruling. Grimm was awarded $1.3 million in the lawsuit but the entire sum, minus $1, is going toward legal fees paid for by the ACLU.

"It's absolutely vindication," Grimm told Insider. "The court found that what they did was wrong and it was discrimination and it was not going to go without consequence, and I think that's fantastic."

The decision is a huge win for the LGBTQ community and it will also act as a deterrent for future anti-trans legislation.

"We are glad that this long litigation is finally over and that Gavin has been fully vindicated by the courts, but it should not have taken over six years of expensive litigation to get to this point," Josh Block, senior staff attorney with the ACLU LGBTQ & HIV Project, said in a statement.

"After a year in which state legislatures have introduced an unprecedented number of bills targeting trans youth, we hope that the fee award will give other school boards and lawmakers pause before they use discrimination to score political points," he continued.

Grimm hopes that the decision will slow the tide of anti-trans legislation cropping up all over the country.

"Their hatred and discrimination is struck down in court over and over again," he said of lawmakers pushing anti-trans bills. "I hope that they look at this and know that their time is coming to an end."

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Regardless of feelings on immigration, the abuse of children is unacceptable.

A shocking new report reveals even more about the toll immigration takes on children. We can do better.

According to a May 2018 ACLU report, hundreds of children suffered abuse at the hands of U.S. border authorities. The crimes alleged range from verbal threats to physical abuse to being denied urgent medical care.

This isn't political. The crimes in the report happened between 2009 and 2014, when President Barack Obama was still office. They reveal systemic abuse and how the most vulnerable people can be overlooked amid the noise of a larger political debate.

Photo by John Moore/Getty Images.

The Customs and Border Protection agency has challenged the ACLU report, saying they've reformed their policies while simultaneously denying the bulk of allegations contained in the 30,000 page ACLU document. However, if even one of the allegations is true, it exposes a tragic tale and a problem that must be fixed.

Most of the immigrants in the reports of abuse were already fleeing unstable and threatening conditions, seeking asylum in a country they thought would protect them. "These are allegations that span across multiple years, multiple states, involving children from different backgrounds," said ACLU attorney Mitra Ebadolahi. "The consistency to them, to us, indicates that there’s truth there."

This has nothing to do with the debate over immigration. It's about basic humanity.

Everybody is entitled to basic human rights, and unfortunately, children and other vulnerable populations are often the most at risk. The details in the ACLU report aren't concepts. They are stories about real people facing violence and abuse during a time of incredible vulnerability.

That's why it's no coincidence that in Ebadolahi's summary of the report, she opens with the story of Jahveel Ocampo, a 15-year-old mother who was seized at the border with her 2-year-old child, where she was allegedly slapped and threatened with sexual assault if she didn't agree to sign a paper allowing for her deportation.

Photo by John Moore/Getty Images.

"If the abuses were this bad under Obama when the Border Patrol described itself as constrained, imagine how it must be now under Trump," Ebadolahi writes. After all, the Department of Homeland Security also this May released a shocking report admitting the government has "lost" 1,475 of the more than 7,000 minors taken into custody by border officials.

There are people in government working to make things better. On May 23, Sen. Kamala Harris (D-California) and other congressional leaders held a rally in Washington, D.C., to support immigration and refugee policies that protect women and children.

Photo by Alex Wong/Getty Images.

"This is about our children, and families, and whether we’re going to be a compassionate government or a cruel government," Harris said. "And I think we’re better than this."

It's important to support groups like the ACLU that hold powerful people and institutions accountable.

These stories are heartbreaking and unacceptable, but there are real ways to hold our government accountable and demand change.

Groups like the ACLU are more important than ever on issues like immigration, free speech, and digital privacy. They are tireless advocates for individuals without the financial or political power to make their voices heard.

The ACLU has received record amounts of funding since Trump's election and this report is just the latest example of how they're working to protect the most vulnerable members of society, giving voice to those who are often voiceless.

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Portland's mayor took a stand against hate, but the ACLU is pushing back. Here's why.

You can't overcome hate with censorship, but that doesn't mean it has to win.

On May 26, 35-year-old Jeremy Joseph Christian allegedly stabbed three men on board a Portland light-rail train after they attempted to intervene on behalf of a Muslim woman who Christian was verbally harassing.

Two of those men, Taliesin Myrddin Namkai-Meche and Ricky Best, died while a third, Micah Fletcher, survived.

Photos of Taliesin Myrddin Namkai-Meche and Ricky Best in a memorial set up in Portland. Photo by Alex Milan Tracy/AP Images.

Three days after the incident, Portland Mayor Ted Wheeler weighed in with an important message for his city.

In the message, posted to his Facebook page, Wheeler calls on the federal government to revoke the permit granted to an "alt-right" group hosting an event in Portland's Shrunk Plaza in June.

He also appeals to the organizers of the white supremacist group to cancel the planned demonstration. "There is never a place for bigotry or hatred in our community, and especially not now," Wheeler wrote.

"I am calling on every elected leader in Oregon, every legal agency, every level of law enforcement to stand with me in preventing another tragedy."

Here's the full text of Wheeler's post:

"On Friday three men Rick Best, Taliesin Myrddin Namkai-Meche, and Micah Fletcher stood up against bigotry and hatred. Two paid with their lives. A third was seriously injured.

Our community remains in shock and mourning. But we are also tremendously grateful to our heroes and their families for their selflessness and heroism. They will serve to inspire us to be the loving, courageous people we are meant to be.

As Mayor, I wanted to update you on a few developments:

1) I have reached out to all of the victims and their families, including the two women who were terrorized and subjected to such hatred and bigotry. I have offered my unconditional assistance and support, day or night.

2) I have confirmed that the City of Portland has NOT and will not issue any permits for the alt right events scheduled on June 4th or June 10th. The Federal government controls permitting for Shrunk Plaza, and it is my understanding that they have issued a permit for the event on June 4th."

3) I am calling on the federal government to IMMEDIATELY REVOKE the permit(s) they have issued for the June 4th event and to not issue a permit for June 10th. Our City is in mourning, our community’s anger is real, and the timing and subject of these events can only exacerbate an already difficult situation.

4) I am appealing to the organizers of the alt-right demonstrations to CANCEL the events they have scheduled on June 4th and June 10th. I urge them to ask their supporters to stay away from Portland. There is never a place for bigotry or hatred in our community, and especially not now.

5) I am calling on every elected leader in Oregon, every legal agency, every level of law enforcement to stand with me in preventing another tragedy.

6) When and if the time is right for them, I would like to work with the families to find an appropriate way to permanently remember their sacrifice and honor their courage. Their heroism is now part of the legacy of this great city and I want future generations to remember what happened here, and why, so that it might serve to both eradicate hatred and inspire future generations to stand up for the right values like Rick, Taliesin, and Micah did last week."















The ACLU of Oregon, however, doesn't agree with Wheeler, saying that what he suggested is a form of censorship.

In a response on their own Facebook page, the organization explained (emphasis added):

"Our hearts are broken, but government censorship is not the answer. The government cannot revoke or deny a permit based on the viewpoint of the demonstrators. Period.

It may be tempting to shut down speech we disagree with, but once we allow the government to decide what we can say, see, or hear, or who we can gather with, history shows us that the most marginalized will be disproportionately censored and punished for unpopular speech.

We are all free to reject and protest ideas we don't agree with. That is a core, fundamental freedom of the United States. If we allow the government to shut down speech for some, we all will pay the price down the line. We must defend the Constitution, even when it is uncomfortable.

If the government has concrete evidence of an imminent threat they can and should address it without restricting First Amendment rights of others."





The thing is ... both Wheeler and the ACLU of Oregon are right in different ways.

So where does that leave us?

At his arraignment, Christian shouted, "Free speech or die. Get out if you don't like free speech ... you call it terrorism, I call it patriotism ... die." Photo by Beth Nakamura/The Oregonian/OregonLive.

Like a lot of things in life, it's a bit nuanced.

Before you hop on #TeamTed or #TeamACLU, it's important to acknowledge that pretty much everyone involved in this has good intentions, is disgusted by Christian's actions, and doesn't want anything like it to happen ever again.

On one hand, you can absolutely see where Wheeler is coming from. With tensions running high and the fact that Christian had just recently attended a similar rally, it makes perfect sense that his impulse would be to shut down upcoming rallies for fear of provoking or inspiring another attack. With the city still mourning this loss, it's understandable that he'd look for ways to de-escalate the situation however he can and send a strong message against hate and bigotry.

On the other, the ACLU is totally right when it says the government can't simply revoke permits because of someone's political views. Responding to a comment on Facebook, the organization suggested that the mayor take a more measured approach that doesn't violate the Constitution by talking to the groups planning to hold rallies and asking them to reschedule in light of the recent attack. The groups don't have to, but without outlining why these rallies pose an imminent threat, that's about all Wheeler can legally do.

Freedom of speech, however, does not mean speech without consequences.

There are times when law enforcement can and should intervene to prevent speech from becoming action. For this, let's look at how the ACLU responded to the 2011 shooting outside the office of then-Congresswoman Gabrielle Giffords (emphasis added):

"It is important to remember that while the First Amendment carefully guards our liberty to speak freely except in the most circumscribed situations, it is not a barrier to effective law enforcement against those reasonably believed to be involved in unlawful activity. ... In times like these, it is natural to look for ways to quell our horror and fear. But it is when people feel most vulnerable that our liberties are most at risk. Unraveling the principles that form the core of our democracy is not the answer."

No matter what someone's personal politics are, no matter what group they belong to, it's important that they're afforded that crucial right to freedom of speech. However, in heated times with heated rhetoric, we — and law enforcement agencies — have a responsibility to prevent that speech from boiling over into physical violence.

If the groups behind those upcoming "alt-right" demonstrations want to act in good faith, then yeah, perhaps they should think about canceling their demonstration in light of recent events. Up until Jeremy Christian pulled out a knife, he sounded just like them. To show that they do not condone his behavior — and not risk being seen as "reasonably believed to be involved in unlawful activity" and held responsible should another attack happen — canceling might be in their best interest to preserve their freedom of speech.

Whether or not these demonstrations happen, it's on the rest of us to not let an ideology of hate win out.

We can look to the brave men who lost their lives to this senseless violence as an inspiration to recommit to looking out for one another and standing up against hate. That might just be the best way to honor their memories.

A memorial set up in Portland shares a message of love and hope. Photo by Alex Milan Tracy via AP Images.

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If Congress wants to put your browser history up for sale, why not buy theirs first?

The 'Supernatural' actor launches a fundraising effort in the name of online privacy.

Misha Collins needs to raise half a billion dollars.

Or, at least, that's what the "Supernatural" actor (and former White House intern) figures he'll need in order to purchase the internet browsing data of every member of Congress who voted for a bill that — get this — makes selling people's internet browsing data completely legal without having to get anyone's permission. Wild, isn't it?

And while being a popular actor with steady work in TV and film probably helps pay the bills, $500 million is likely juuust a bit out of Collins' price range. So he did what many people in a financial crunch do: He started a GoFundMe campaign.

Photo by Slaven Vlasic/Getty Images.

Collins' logic is pretty sound: If Congress wants to turn our privacy into something that can be bought, we the people can make a point by banding together to buy their privacy.

The bill, which was passed by the House of Representatives on Tuesday (and is expected to be signed by President Trump), allows internet service providers (ISPs) like Comcast, Verizon, or Time Warner, to collect and sell customers' data to anyone without their permission. That means that everything ranging from your location to your browsing history (which might include your medical, personal, and financial history) can be packaged up and sold off — and there's nothing you can do about it.

The bill overturns a Federal Communications Commission rule put in place at the end of 2016 designed to stop ISPs from doing just that. The rule, which hadn't gone into effect, was a big win for people who, you know, don't like having their personal info sold to advertisers without their permission. Rolling it back is a big win for ... well, not those people.

Photo by Stefan Zaklin/Getty Images; photo by Vivien Killilea/Getty Images for SiriusXM.

"Game on, Congress," Collins taunts on his GoFundMe page.

In the event that Collins is able to raise enough money to purchase Congress' data, he would use it for (mostly) good, adding that he would never share information that would affect someone's safety and security.

But other than that? Well, that's a different story. "All other details are fair game," Collins wrote.

In the rather likely event the campaign doesn't hit the $500 million goal, Collins is going to donate whatever money the page brings in to the American Civil Liberties Union to help fund the fight for the rights of all Americans — including the right to internet privacy.

Of course, there are other ways you can get involved in the fight, such as signing onto the ACLU's petition or donating to them directly. Other organizations worth consideration include the Electronic Frontier Foundation and the Center for Democracy & Technology.

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