The Supreme Court has dismantled the constitutional right to abortion. Abortion is still legal in Indiana, but Governor Holcomb has confirmed: restricting abortion access is likely on the agenda for the legislature's upcoming July special session.
The ACLU of Indiana sued the Evansville Vanderburgh School Corporation on behalf of J.A.W., a transgender high school student who was denied the ability to use the restrooms that correspond with his gender identity.
J.A.W. has been diagnosed with gender dysphoria, is under a physician’s care, and is taking hormone therapy. Despite the fact that J.A.W has long identified himself as male, he was informed by a school administrator that he was not allowed to use the male restrooms and if he does so he risks discipline.
The denial of J.A.W.’s ability to use the male restrooms violates both the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Title IX of the Education Amendments Act of 1972, 20 U.S.C. § 1681(a).
The ACLU of Indiana asked the court to require the school district to allow J.A.W. to use the male restrooms and similar facilities in its schools without penalty.
U.S. District Court Judge William T. Lawrence issued a ruling on June 7, 2019 which determined that the Evansville Vanderburgh School Corporation (EVSC) violated J.A.W.'s rights. A trial will be set to determine damages.