Maine Supreme Court locks in transgender student bathroom rights

posted at 3:31 pm on February 2, 2014 by Jazz Shaw

I’ve been to Maine quite a few times, dating back to my childhood. A couple of years ago I saw a moose there. Once, when I went there with my dad as a kid, we were pretty sure we saw a gray wolf. But I never saw anything like this.

The Maine Supreme Judicial Court on Thursday guaranteed the right of a transgender child to use the school bathroom designated for the gender with which he or she identifies.

It is the first time any court in the nation has ruled it is unlawful to force a transgender child to use the school bathroom designated for the sex he or she was born with rather than the one with which the child identifies, according to the Gay & Lesbian Advocates & Defenders of Boston, which represented the girl and her family.

“This sends a message to my children that you can believe in the system,” Wayne Maines, the father of Nicole Maines, the girl at the center of the case, said Thursday afternoon in a conference call.

An emotional Wayne Maines said that he was proud of his wife, Kelly Maines, Nicole Maines and her identical twin brother, Jonas Maines. The children now are 16. Wayne Maines live in Orono. Kelly Maines and the children live in southern Maine, where Nicole and Jonas attend private school.

At the Corner, Wesley Smith thinks this may cause more problems than it solves.

The focus on bathrooms is misplaced. In CA, a girl with a penis will have to be allowed to use the girl’s locker rooms and allowed on female sports teams, and vice versa.

It used to be that to have a sex change officially recognized, you had to undergo counseling and obtain a court-ordered change of birth certificate. That at least brought some structure to this very sensitive issue.

No more.

GLAAD advocates assert this will reduce bullying. Alas, I think the opposite is true.

Not to detract from what Wesley is saying, but isn’t childhood hard enough (and confusing enough) as it is? Yes, bullying is also a problem in schools (among both genders) and Smith has a point in saying that this can simply exacerbate matters. But all of these arguments seem to skip straight past what should, I think, be one of the larger questions. We’re talking about children here. They’re going through their formative years and facing a lot of changing, confusing things in their world where they should be not only supported, but guided and directed by their parents to the best of their abilities. (By their teachers too, assuming you can find teachers still interested in doing it.) The student in question is 16 now, but the case began in elementary school.

What person knows where the heck they are going in elementary school, say nothing of making “gender judgements” in fourth grade? This is also not an age appropriate conversation to be forced into having with the rest of the students at that age. And – again – what third grader has already concluded that they were born with the “wrong naughty bits” and need to work on gender reassignment absent picking that up from their parents? This just looks like a bad move. They’re kids! Let them just be kids!


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can a white person who always hangs out with a group of minorities, and takes part in their culture, identify as that minority?

(i’m black, but i love anime. can i identify as japanese? lol)

Sachiko on February 2, 2014 at 4:02 PM

My son would have liked that when he was young. For many years, he spent lots of afternoons/week-ends at the local Y playing pick-up b-ball… and was always drawn to playing with the black kids. He then decided he wanted to be black. His father and I told him there were many ways we could help him accomplish his goals, but in this case, there wasn’t anything we could do. It took awhile, but he eventually came around to accepting his fate. Maybe I should tell him now hope exists!

lynncgb on February 2, 2014 at 8:39 PM

In the old days, Transies tried on mommiy’s bra in their bedroom. Now with help go the degenerate Lefties they’re out of the closet, tying up the courts & facilitating this abnormal behavior.

RdLake on February 2, 2014 at 8:42 PM

As someone mentioned the well being of all the children needs to be taken into consideration. I wouldn’t be happy with a boy using the same bathroom or locker room as my daughter even if they thought they were a girl. Why can’t the child use the nurse’s office? It’s also hard to believe that 2 teenagers are happy and willing to have their story and pictures all over the news.

hopeful on February 2, 2014 at 8:59 PM

A third restroom as a solution doesn’t have to be prohibitively expensive. Since the number of students who would express genuine gender identity issues would, necessarily, be small comparatively speaking, a small, private restroom would serve the purpose. Either sex of student with gender identity issues could use the restroom. If it was occupied, the student would simply wait until it was vacant, just as people do on airplanes or in a home with a single restroom.

thatsafactjack on February 2, 2014 at 6:12 PM

I don’t have gender issues, but I’d prefer to use a private bathroom over the group experience too — even when it’s just my sex in the bathroom. If we’re going to allow some children a private restroom, it wouldn’t be faaaaaaaaaaiiiiiiiirrrrr not to provide enough private restrooms for everyone who prefers privacy.

CJ on February 2, 2014 at 9:02 PM

Maybe I should tell him now hope exists!

lynncgb on February 2, 2014 at 8:39 PM

Well if Liz Warren can be Indian your child can be black.

CWchangedhisNicagain on February 2, 2014 at 9:20 PM

“How can it not know what it is?

—- Deckard in Blade Runner / Do Androids Dream of Electric Sheep?

I agree with Smith that this will cause more problems with bullying more concentrated on what goes in and out of Door Number Three.

viking01 on February 2, 2014 at 10:06 PM

Nope, in the progtard superstate they are the next generation’s agents of change. Their minds and values must be perverted by “educators” in order for them to be pliant members of society.

Murphy9 on February 2, 2014 at 3:42 PM

This needs to be repeated.

Remember Jazz, to the left children of all ages are sexual beings. Don’t take my word for it. No, really: DON’T. A Cursory internet search will lead you to theirs.

BKennedy on February 3, 2014 at 12:23 AM

Sigh.

I used to be on the “popular” side of this debate here. And, specifically on the restroom / locker room / sports team issues, I’m still on the side of “use the one you’re physically equipped for, at the time”.

But my perspective on gender issues has changed a LOT over the past 2 years with a teenager who is going through this, and really learning about it firsthand vs. being a pundit with an opinion based on my faith-based beliefs and biases.

A whole lot of people need to learn to be a lot more open minded, if we have any hope for uniting this country behind the things that really matter. The state is using many forms of control against us. We need to reduce our urge to control “the other” to conform to our social / religious / gender / other norms… or we’ll lose the war for liberty. It’s possible to teach independent thought, self reliance, love of liberty, freedom from coercion, etc. without having to beat people over the head with the “God gave you what you’re meant to have” stick.

God created my child as the beautiful combination of intellect, wit, reason, compassion and creativity that they are, and put them in a shell that happens to have some physical defects. Among which may very well be the pair of chromosomes they developed with. Not a view of the universe that I had two years ago, but I believe I see things a little more clearly now.

Noncentsical on February 3, 2014 at 8:13 AM

The flaw in this is that it does not protect equality of rights. Should everybody be able to choose which restroom to use? Why are some allowed to and not others.

bartbeast on February 3, 2014 at 8:36 AM

Should everybody be able to choose which restroom to use? Why are some allowed to and not others.

Well, I’m for whatever I feel like at the moment. Like just this moment I saw Scarlett Johansson, huba huba, go into the locker room. Okay, I think I’m feeling of the female sex right now, so I’ll follow her into to the Women’s Locker Room and take a gander at that hottie. Wow.

See, nothing wrong with the law these Mainiacs are pushing.

soghornetgunner on February 3, 2014 at 9:17 AM

NoncentsicalNonsensical on February 3, 2014 at 8:13 AM

Murphy9 on February 3, 2014 at 9:43 AM

In the old days, Transies tried on mommiy’s bra in their bedroom. Now with help go the degenerate Lefties they’re out of the closet, tying up the courts & facilitating this abnormal behavior.

RdLake on February 2, 2014 at 8:42 PM

In another ten years, the DSM will be just 20 pages thick; the only thing listed as a mental illness will be religion.

Ward Cleaver on February 3, 2014 at 10:18 AM

In another ten years, the DSM will be just 20 pages thick; the only thing listed as a mental illness will be religion.

Don’t forget liberalism.

soghornetgunner on February 3, 2014 at 10:47 AM

In CA, a girl with a penis

A girl with a penis is called a boy.

magicbeans on February 3, 2014 at 11:27 AM

IT seems like the answer to this is to make bathrooms assigned to plumbing rather than gender. Those with male plumbing use one bathroom, those with female plumbing use another bathroom. Then there is no gender discrimination for the courts to rule on. Got a penis but consider yourself a girl? You pee in the penis bathroom. Got a vajayjay but consider yourself a dude? You pee in the vajayjay bathroom. Problem solved.

Texas Zombie on February 3, 2014 at 11:34 AM

For those of you making the third bathroom suggestion, read the link. The child was not sent to use the male bathroom he/she was directed to a private staff bathroom. What the court ruled was;

Where, as here, 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 MHRC.”

So, they are saying that the individual must be allowed to use the communal bathroom. A question for the court. Will a straight students psychological well-being and educational success be impacted by having to use a restroom with members of the oppostite sex?

SoonerMarine on February 3, 2014 at 12:57 PM

So, they are saying that the individual must be allowed to use the communal bathroom. A question for the court. Will a straight students psychological well-being and educational success be impacted by having to use a restroom with members of the oppostite sex?

SoonerMarine on February 3, 2014 at 12:57 PM

They would undoubtedly say “no”. We seem to have moved away from making reasonable accommodations for the free exercise of rights into having some people’s rights be supreme over those of others. Oh and here’s something else: it’s not just “straight students” that would have their privacy rights being violated here but gay ones as well. You may not be aware of this, but there are quite a number of gays who do not believe in everything that transgender activists seek, nor were we asked when “T” was tacked on to LGB.

JohnAGJ on February 3, 2014 at 5:03 PM

Every single human (along with nearly every other non-vegetative life form on this planet) regularly expels waste. So if everyone uses the barricades, and keeps the doors closed. Why is an all-sex bathroom a problem?

libfreeordie on February 2, 2014 at 4:09 PM

Not every bathroom is so equipped as you describe here and the overwhelming majority of both genders believe this constitutes a violation of their privacy. A reasonable accommodation was made in this case to provide a private bathroom for this student that took into account the rights of everyone. Why was that a problem and why should this student’s rights trump that of everyone else? Can we do likewise with other rights now? Let’s start with the 2nd Amendment…

JohnAGJ on February 3, 2014 at 5:06 PM

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