sex/gender discrimination in a Catholic school

[Emma2987]

I'm In Illinois.

Is a Catholic school obliged to follow it's non-discrimination policy? I've not been admitted back on the basis of my sex, but it's not a single sex school. I'm transgender and my legal sex is updated, the policy of the school states "name of the school admits students of any race, color, sex, or national and ethnic origin to all the rights, privileges, programs and activities generally accorded or made available to students at the school. It does not discriminate on the basis of race, color, sex, or national and ethnic origin in the administration of its educational policies, admissions policies, scholarships and loan programs, and athletic and school administered programs."
Basically, to give the basics of my details, I went there freshman and sophomore years. I took this year (junior year) to transition (living fulltime as a girl), since I didn't want to deal with how that would go there. Now I went back and talked to the principal. The students there are amazing, along with the teachers, and there are never any fights or bullying. I've been doing online classes this year, so it's been pretty tough basically being alone most days and not seeing my friends. My other options are going for a GED, or going to the public school where I would be beat up, harassed, and the teachers would ignore it. So basically, the principal said she wouldn't accept me back since the students wouldn't accept me (to take the blame off her shoulders). So now I'm planning on having another meeting and bringing these things up:
1. The school probably receives state or federal funding (most private schools do) and she can't discriminate in that case.
2. I have a petition that says otherwise about the students.
3. I have my psychiatrist to back me up and show I am of sound mind and to explain that being transgender and undergoing hormones and other medical procedures are not taken lightly.
4. The school's nondiscrimination policy protects me.
5. The newspaper would like to publish an article on this, which would look bad for the school.

So my main question though, as I mentioned at the start, is does the school have to follow through with its policy? Because I'd rather basically get her to just let me back without having to go to court.

 

[justalayman]

Since you are dealing with a high school, you are most likely a minor. Where are your parents?

as to the school accepting state funds: I suggest you research that a bit more. So far I have not found support for your claim.


as to being required to follow their policy: not unless the policy is legally required.

While you claim they deny your entry due to your current gender, since they admit both male and female students, I find that difficult to believe. Along with that, given the fact they do have male and female students, it would basically defeat your argument and claim.

I suspect it as more to do with a morals issue given that you are, in their eyes, a homosexual regardless what you have changed either in yourself or how you are registered legally with the state.

 

[Emma2987]

Since you are dealing with a high school, you are most likely a minor. Where are your parents?

as to the school accepting state funds: I suggest you research that a bit more. So far I have not found support for your claim.


as to being required to follow their policy: not unless the policy is legally required.

My parents are supportive, but they're basically letting me deal with it. I'm generally pretty good at coming up with information and I have 3 friends in the area who are lawyers. And private schools can accept private funds, but then they must go by equal protections under the state or federal level. "Applying the Rules to Private Schools

This is, of course, where it gets a bit tricky. There's one good general rule, however: If a private school gets federal funding, it can't discriminate against a student based on his race, sex (unless it's a single-sex school), national origin and religion. If a private school doesn't receive federal financial assistance, it's free to pick-and-choose who attends the school."
http://education-law.lawyers.com/school-law/Can-Private-Schools-Discriminate-Against-Students.html

While you claim they deny your entry due to your current gender, since they admit both male and female students, I find that difficult to believe. Along with that, given the fact they do have male and female students, it would basically defeat your argument and claim.

I suspect it as more to do with a morals issue given that you are, in their eyes, a homosexual regardless what you have changed either in yourself or how you are registered legally with the state.

1. She doesn't know my sexuality, and being a trans woman does not necessarily mean I am attracted to men. sexuality =/= gender identity.
2. Since legally I am a woman, and she's discriminating on me on that basis, I would presume so.

There have also been several legal cases where transgender people have been discriminated against, and regardless of whether their legal information is updated or not, they have been protected under the banner of sex. (Another good example of this is the recent EOCC decision on Title VII).

 

[Proserpina]

I do have something of a sensitive question. When you say your "legal sex" was updated, can you please elaborate?

 

[Emma2987]

To make sure everything is clear, I am a trans woman (as in I transitioned into a woman). My id, SS, and birth certificate all read female now.

 

[las365]

Contact Lambda Legal, they may be able to provide you with representation or a referral to someone in your area who can assist you, http://www.lambdalegal.org/

Best to you in this and your future endeavors!

 

[justalayman]

Emma2987;3055746]My parents are supportive, but they're basically letting me deal with it. I'm generally pretty good at coming up with information and I have 3 friends in the area who are lawyers.

but attempting to represent yourself in court isn't going to fly. You will either need your parents to stand with you or a lawyer. The school does not have to "deal" with you in this matter since you are a minor. Your parents are your guardians and in control of your legal actions unless you ask a court to allow you to act independently of your parents.

And private schools can accept private funds, but then they must go by equal protections under the state or federal level. "Applying the Rules to Private Schools

can doesn't mean they are. You need to find out, for sure, to make this argument.

This is, of course, where it gets a bit tricky. There's one good general rule, however: If a private school gets federal funding, it can't discriminate against a student based on his race, sex (unless it's a single-sex school), national origin and religion. If a private school doesn't receive federal financial assistance, it's free to pick-and-choose who attends the school."
http://education-law.lawyers.com/school-law/Can-Private-Schools-Discriminate-Against-Students.html

exactly so speculating as to whether the requirement applies of not is a waste of time. Find out if it applies or not. There is no sense to move any further until you have the answer to that question.

1. She doesn't know my sexuality, and being a trans woman does not necessarily mean I am attracted to men. sexuality =/= gender identity

.Ok, if you would not be attracted to men, then that makes you a homosexual if you accept your female gender and the attraction to women. This can become a circular discussion very quickly, especially when you want to make the ambiguous statement such as you are not necessarily attracted to men. If you want an honest discussion, do not toss out misleading statements.

2. Since legally I am a woman, and she's discriminating on me on that basis, I would presume so.

presume? How do you come to that conclusion? As I said, since they have allowed both males and females into the school, that basically defeats your argument and claim. Beyond that, llegally doesn't necessarily mean a lot in the church. You do realize that the Catholic church does not recognize a legal divorce, correct (guessing we are dealing with a Catholic school) ? I suspect they have an issue with a gender change meaning anything as well. If you were born male, they may consider you a male. As such, your dress and mannerisms could be seen as disruptive and allow them to refuse you entry.

There have also been several legal cases where transgender people have been discriminated against, and regardless of whether their legal information is updated or not, they have been protected under the banner of sex. (Another good example of this is the recent EOCC decision on Title VII).

but there has to be a requirement the entity respect the gender discrimination laws. Especially since the Catholic church does see homosexual acts as sins, they have a very strong argument that your actions are in direct contrast to their tenets.

basically, all you have, at least based on what you have posted, is speculation. Get some solid answers. It will help you more than anything right now. You really have no idea what your argument should be at this point because you do not know if EEOC law applies or actually why they are refusing you entry.

 

[Emma2987]

but attempting to represent yourself in court isn't going to fly. You will either need your parents to stand with you or a lawyer. The school does not have to "deal" with you in this matter since you are a minor. Your parents are your guardians and in control of your legal actions unless you ask a court to allow you to act independently of your parents.

can doesn't mean they are. You need to find out, for sure, to make this argument.

exactly so speculating as to whether the requirement applies of not is a waste of time. Find out if it applies or not. There is no sense to move any further until you have the answer to that question.



.Ok, if you would not be attracted to men, then that makes you a homosexual if you accept your female gender and the attraction to women. This can become a circular discussion very quickly, especially when you want to make the ambiguous statement such as you are not necessarily attracted to men. If you want an honest discussion, do not toss out misleading statements.


presume? How do you come to that conclusion? As I said, since they have allowed both males and females into the school, that basically defeats your argument and claim. Beyond that, llegally doesn't necessarily mean a lot in the church. You do realize that the Catholic church does not recognize a legal divorce, correct (guessing we are dealing with a Catholic school) ? I suspect they have an issue with a gender change meaning anything as well. If you were born male, they may consider you a male. As such, your dress and mannerisms could be seen as disruptive and allow them to refuse you entry.



but there has to be a requirement the entity respect the gender discrimination laws. Especially since the Catholic church does see homosexual acts as sins, they have a very strong argument that your actions are in direct contrast to their tenets.

basically, all you have, at least based on what you have posted, is speculation. Get some solid answers. It will help you more than anything right now. You really have no idea what your argument should be at this point because you do not know if EEOC law applies or actually why they are refusing you entry.

Right, but I forgot to mention, they don't expel gay students and also say that being gay is okay in the theology classes (though there's the whole having sex thing which they say is wrong).
As far as know if they receive funding, how would I find that out?

 

[justalayman]

as to whether they receive funding: ask them. Other than that, it could be very difficult to figure out if they are or aren't. Also understand that there are ways for them to receive funding but it isn't really considered to be them receiving funding. I know it sounds odd but it is what it is. They get money via textbook vouchers to students or the students families get funding via some means. While the school ends up with the money, it is not considered to be federal funding for the purposes of this type of situation. It really is a way around the argument they should not be receiving federal funding due to the separation of church and state issue.

Right, but I forgot to mention, they don't expel gay students and also say that being gay is okay in the theology classes (though there's the whole having sex thing which they say is wrong)

actually, in the Catholic Church, it it considered to be ok to be gay. It is the sodomy they have the problem with (if it happens). Condemn the sin, not the sinner and all.

You really need to get more facts so you know where to go with this. So far you just don't have enough info to know what you can argue and why they are actually denying your attendance.

 

[Emma2987]

as to whether they receive funding: ask them. Other than that, it could be very difficult to figure out if they are or aren't. Also understand that there are ways for them to receive funding but it isn't really considered to be them receiving funding. I know it sounds odd but it is what it is. They get money via textbook vouchers to students or the students families get funding via some means. While the school ends up with the money, it is not considered to be federal funding for the purposes of this type of situation. It really is a way around the argument they should not be receiving federal funding due to the separation of church and state issue.


actually, in the Catholic Church, it it considered to be ok to be gay. It is the sodomy they have the problem with (if it happens). Condemn the sin, not the sinner and all.

You really need to get more facts so you know where to go with this. So far you just don't have enough info to know what you can argue and why they are actually denying your attendance.

What do you mean I don't know why they're denying me attendance? The principal herself said that she wasn't letting me back because I'm transgender and the students wouldn't accept me because of it (which isn't true, but was a way of directing the blame away from herself). I neglected to mention this, but from everything I know, she's anti-lgbt.

 

[justalayman]

so first you state because of your gender/sex (I guess that would be the female situation) yet now you state because you are transgendered. Two very different reasons.

So now, go back and read the EEOC info to see if transgender is a protected class. I am not positive but I do not believe it is.

 

[Emma2987]

so first you state because of your gender/sex (I guess that would be the female situation) yet now you state because you are transgendered. Two very different reasons.

So now, go back and read the EEOC info to see if transgender is a protected class. I am not positive but I do not believe it is.

It is a protected status under sex. And it is sex discrimination, since she is not letting me back, when legally, I am a girl.

"DOJ Accepts EEOC Ruling That Trans Bias Is Covered By Title VII, ATF Begins Investigation
Posted by Chris Geidner |
May 21, 2012 11:55 PM | Permalink

The Department of Justice has accepted the Equal Employment Opportunity Commission's April 20 ruling that claims of gender identity discrimination are a type of sex discrimination that is illegal under Title VII of the Civil Rights Act of 1964 -- a ruling that could set in motion a series of changes in the way transgender people are treated by the federal government."
http://www.metroweekly.com/poliglot/2012/05/the-department-of-justice-has.html

 

[danfour]

Hard row to hoe

You might dig around on the education department website to see if your school shows up in their honors lists or other documents - http://find.ed.gov/search?

It sounds to me like any lawsuit would be groundbreaking and attract a lot of media scrutiny, but you will need the full support of your parents to push it through. I would first try to make sure your academic status will not come into question. Did you have any problems in your first 2 years behaviorally or academically that they could point at to say they are rejecting your readmission on that basis? Providing good evidence that your junior year of home schooling was sufficient to allow you to enter the 12th grade is going to be important for either another private or public school.

Maybe if you set up an evaluation for grade placement at the public school, or some kind of independent evaluation you could use that to show there is no issue academically that you shouldn't be readmitted? Additionally, the administration at your old private school may be more open to taking you back if you focus discussions on how important your education is to you, rather that this being mainly about asserting your rights and getting to hang out with your old friends at the expense of their orthodoxy. AKA - you catch more flies with honey.

Legally, as a layman with a Judge Judy addiction, I'd be willing to bet any case you might have will hinge on specific proof they are rejecting you based primarily on your new gender. Any hard evidence (i.e. in writing, witnesses, not just what the administrator told you verbally) you can get from the private school on this issue would be crucial to even start considering a lawsuit.

Good luck however it goes down, nobody should have to chose between getting a high school education and their physical safety.

 

[I'mTheFather]

All of the ideas and suggestions are great, but the bottom line is that the school does not have to enroll the OP unless the school receives government funding that requires compliance with civil rights laws. The possibility of a Catholic school receiving such funding is very low.

While I have no idea why the principal is refusing to enroll her, I doubt that it's due to her personal convictions alone. The student petition is a fine idea, but the students don't pay tuition. Their parents do. Therein, in my mind, is a possible reason for the principal's refusal. If an impact statement is to be made, a petition that is signed by parents will have a much greater effect than one signed by students.

Good Luck, Emma.

 

[justalayman]

Emma2987;3055795]It is a protected status under sex. And it is sex discrimination, since she is not letting me back, when legally, I am a girl.

you are still speculating as to the actual reason for the refusal to allow you to attend the school. You have to realize the school does not have to provide a reason to you as you are a minor and not the person paying for attending the school. They have to respond to your guardian.

In fact, you stated a reason given to you that is not a gender issue but one of you being a disruption to the school:

I've been doing online classes this year, so it's been pretty tough basically being alone most days and not seeing my friends. My other options are going for a GED, or going to the public school where I would be beat up, harassed, and the teachers would ignore it. So basically, the principal said she wouldn't accept me back since the students wouldn't accept me (to take the blame off her shoulders).

It's odd that you argue that you would be attacked in a public school yet in parochial school, everybody would be your friend. I have friends that went to parochial schools as well as friends that now send their children to parochial schools. If you think the kids that attend a parochial school are somehow different than students in a public school, you are terribly mistaken. The biggest difference is the parochial school is generally stricter in their discipline and will ban a student more quickly than a public school will. While you might have a petition with some of the names of the students agreeing to not whoop on you, I can provide the same for any public school you pick. I doubt you have every student's signature on there.

Heck, the fact alone that you had attended for 2 years and then dropped out for a year and now want to return is reason enough to deny you entrance at some schools I know of.

So, as has been stated so many times: find out if the EEOC rules apply. If they don't, you are basically at the mercy of the administration of the school. If they are, push for an answer of why you are not allowed to re-enter the school. Not just what you have gotten but as concise an answer as you can get. Then file a complaint with the EEOC.