Democracy Forward and the American Civil Liberties Union are two organizations focused on protecting Americans’ constitutional rights. filed a class action lawsuit On Thursday, the Trump-Vance administration’s bathroom ban policy was challenged in federal court.
The lawsuit, filed on behalf of Leanne Withrow, a member of the Illinois National Guard, challenges the administration’s policy that prohibits transgender and intersex federal employees from using gender-appropriate restrooms. The policy argues that allowing transgender people to access restrooms would be “deprived of public identity.” [women assigned female at birth] We guarantee their dignity, safety and well-being. ”
This lawsuit states that “protecting women from gender ideological extremism and restoring biological truth to the federal government;President Donald Trump signed it on his first day in office. It alleges that the order and its enforcement violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on gender.
Since it was issued, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against transgender and intersex people.
The lawsuit alleges Withrow, along with many other transgender and intersex federal employees, is forced to choose between doing their jobs and being allowed to safely use the restroom.
“There is no credible evidence that allowing transgender people access to restrooms consistent with their gender identity endangers the safety or privacy of non-transgender users,” the complaint states, directly refuting the safety risk claims.
In a written statement included in the lawsuit, Withrow detailed the policy’s day-to-day impact.
“You want to help your soldiers, your families, your veterans. And at the end of the day, you want to go home. At some point in between, you’re probably going to need to go to the bathroom,” she said.
The filing notes that Dr. Withrow takes extreme measures to avoid using the bathroom, but the Cleveland Clinic reports that most people need to use the bathroom between 1 and 15 times a day, depending on their hydration.
“Mr. Withrow hardly eats breakfast, hardly ever eats lunch, and drinks less than a 17-ounce bottle of water at work most days.”
This policy, in addition to withholding food and water, subjects her to ongoing stress and fear.
“Ms. Withrow will feel unsafe, humiliated, and degraded when she uses the men’s restroom… People who see her entering the men’s restroom may attempt to prevent Ms. Withrow from entering the men’s restroom or attempt to physically harm her,” the complaint states. “The defendants’ actions have caused Ms. Withrow physical and emotional distress and limited her ability to effectively perform her job.”
“No one should have to choose between their military career and their own dignity,” Withrow added. “I bring respect and honor to my work supporting military families, and I hope the courts will restore dignity to transgender people like me who serve this country every day.”
Withrow is the Illinois National Guard’s chief military and family readiness specialist and civilian officer. He previously served as a staff sergeant and received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites a statement from the American Medical Association, the nation’s largest medical association, saying that policies that exclude transgender people from facilities that correspond to their gender identity have negative health, safety and welfare impacts.
“Policies that exclude transgender individuals from facilities consistent with their gender identity adversely impact the health, safety, and well-being of those individuals,” the complaint states on page 32.
Supporters have denounced the policy since it was signed in January and continue to push back against the administration. ACLU-DC, ACLU of Illinois, Leader of Democracy Forward Everyone commented on the lawsuit. and the ongoing fight for transgender rights.
“We cannot allow the Trump administration to target transgender people in the federal government and in public life,” said ACLU-DC Chief Attorney Michael Perloff. “An executive order that micromanages the bathrooms used by government employees is discrimination, plain and simple, and must end.”
“It is absurd that in her home state of Illinois, Leanne can use a gender-specific restroom other than those operated by the federal government,” said ACLU Illinois Deputy Legal Director Michelle Garcia. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is a hateful bigotry designed to deny basic dignity to hardworking federal employees simply because they are transgender,” said Caitlin Golden, senior adviser at Democracy Forward. “Thanks to brave people like LeAnn, we are able to resist this injustice. Democracy Forward is honored to work with our partners on this case and is passionate about defeating this insidious effort to discriminate against transgender federal employees.”
Source: Washington Blade: LGBTQ News, Politics, LGBTQ Rights, Gay News – www.washingtonblade.com
