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14 Amendment In Schools Research Paper

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Denying transgender students the right to use the restroom they identify with is unconstitutional. It is in violation of the 14 amendment, specifically the Equal Protection Clause, Title IX, and would overturn the Auer Doctrine, which would be unbeneficial. Granting some students the right to use the restroom they identify with and denying others is in violation of the Equal Protection Clause. The Equal Protection Clause ensures all citizens are protected by the laws, not just those whose biological gender matches their identified gender. Transgender students are denied the right to feel comfortable and included while others enjoy that right. There may be many more students that enjoy this right than are denied it, but under the 14 amendment, the government cannot “deny to any person within its jurisdiction the equal protection of the laws,” not even the minority. All students …show more content…

the right to use the restroom he identifies with would be in violation of Title IX. Title IX bans the discrimination on the basis of sex in schools. Transgender would be included as a sex even though it isn’t traditional. The school cannot discriminate against G.G. for being an untraditional or nonconforming sex. This means Title IX prevents the school from denying G.G. the ability to use the restroom he identifies with since other students are allowed to use the restroom consistent with their identified gender (for example how as female uses the girls restroom which she identifies with). To keep the educational opportunities equal for all sexes, including transgender, schools must allow transgender students to use the restroom they identify with. Doing otherwise would create a stigma attached to transgender students (since students could be initially unaware that the individual is transgender) causing their learning environment to become uncomfortable, hurting their studies. Under Title IX, the school isn’t allowed to treat G.G. differently because of his sex,

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