Transgender Students In Schools Case Study

Superior Essays
“Bathroom use of transgender students in schools by gender identity” issue happened when Omaha’s administration send out a letter to public school to ask them open a new bathroom or allow transgender student join which one if they like to fit with their gender identity. This act is need to discus when Federal and so many states have agreed on the rights and protecting gay, lesbian and transgender people. “Under the new protections, transgender students are able to essentially live as the gender that matches their identity. A child who was born male but identifies as female can choose a new name, dress as a girl, be addressed as “she”, play on girls sports teams and access the girls restroom and locker room.” The purpose of this act is to ensure …show more content…
For this case, Obama’s administration stand for executive branch passed a bill but it haven’t went through an approval of The Supreme Court- judicial branch and discus by the Congress. Separation of Power always go with Check and Balance, which is “based upon the philosophy of Baron de Montesquieu. In this system the government was to be divided into three branches of government, each branch having particular power.” “Not only does each branch of the government have particular powers each branch has certain powers over the other branches. This is done to keep them balanced and to prevent one branch form ever gaining too much power.” North Carolina have used this to sue again Court. And The Court can’t tell North Carolina to accept the law unconditional even though North Carolina still obey all the laws of Federal. The procession of Separation of Power with Check and Balance help that U.S.A doesn’t go Dictatorship when their is no branch have more power than other which could control and set rule the hold …show more content…
They don’t want their schools have to open new bathroom for transgender students when it’s not suit for them. And all the schools in territory of North Carolina are controlled by North Carolina’ Educational Department which is outside the power of Federal. United States is running under Federalism with Septette of Power and Check and Balance process is helping to produces laws that “respect majority rule while protecting minority rights”. Because it’s requires all states need to obey the same general laws from federal that is respect majority rule. But they still have right to produce their own laws and rules to protect state’s rights which is Federal can’t be denied. However, all the laws produced by states need to be overview by Federal and it can’t be written to stand against Federal. If the law of respect majority rule while protecting minority rights had passed, it will have a lot of good effect for people. When Federal still passing a law to deal with national issue and states don’t need to apply all the law that is not fit for the gain of interest for people in that

Related Documents

  • Improved Essays

    Despite the fact that the Constitution was written based on Federalist theories, it still allowed some power to rest only in the hands of the state government. This made American citizens content in the United States’ newly established…

    • 1137 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The court decision was written by Marshall, who also added that a state cannot pass any law that violates a federal law. This idea would then later be used to expand the federal government’s power. The second…

    • 297 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Another example of the separation of power that is important would be the INS (Immigration and Naturalization Service) v Chadha. In this case the problem was whether a particular house could vote to override an executive decision in a way that it violates the separation of powers. In this case Chadha was from Kenya, he stayed here after his visa expired. Here an immigration judge determined that his deportation should be suspended since Chadha met the requirements to stay in the U.S. It was approved by the attorney general and told congress that he should stay. The immigration and nationality act allowed congress to veto the attorney generals’ recommendation.…

    • 877 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    large states compromise guards against tyranny. The quotes “ Representatives shall be apportioned according to population.” and “ The senate of the United States shall be composed of two senators from each state.” both show how the small states vs large states compromise guards against tyranny. It provides equal representation in the senate, which protects the smaller states, and unequal representation in the house of representatives protect the bigger states.…

    • 734 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Framers Research Paper

    • 648 Words
    • 3 Pages

    For example, Deferred Action for Childhood Arrivals is something that President Donald Trump wants to omit. He has told Congress that they have to come up with a more permanent solution for Deferred Action for Childhood Arrivals within a six month period. He goes on to add that he will not sign anything that does not include the wall he would like to build on the border of the United States and Mexico. This creates problems for Congress because it forces them to include a wall in order to save the childhood immigrants from deportation. Seperations of power has failed here because the president is using his executive check on Congress to force them to include a wall or else he will not sign anything.…

    • 648 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    When the elected branches have decided on a course of action-even on controversial issues-they usually prevail. However, the absence of enforcement authority has allowed Congress and the president at times to ignore Supreme Court rulings. Presidents realize that Congress is more willing to relax control when it knows it can easily reassert its preferences if it disagrees with the bureaucracy’s implementation of a policy. By continuing to honor these statutory provisions, designed to create more flexible principal-agency relations, the elected branches have colluded informally to “overrule” the Supreme Court’s verdict on the unconstitutionality of the legislative veto. Several provisions of the Constitution equip Congress and the president with the power to rein in the Supreme Court when they disagree with its decisions.…

    • 1201 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Recent in the news I have been hearing about the Trans Bathroom Law and it genuinely confuses me as to why it is such an issues. Why do people care so much about a stranger's genitals that would prompt them to make a law forcing them to use the incorrect bathroom? I am a transman living in Texas just trying to get by. This law affects me and people around me because I am a mostly passing man having to use the Women’s bathroom. I do not understand why forcing a trans person to use the wrong bathroom is more acceptable than having the decency to just let them use the restroom of gender they identify with.…

    • 942 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    When raising a transgender child it is a very delicate process, much like any child with a disorder, it will take time and patience. Raising a transgender child isn’t something anyone is prepared for. The question is,” how can a parent be sure they are making the right decision for their child” (McCloskey 291)? Most parents already know when their child is showing different gender schemes that are not of the social norm. In the case of Brandon Simms, his mother Tina Simms states that before Brandon was two years old.…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    History Of Dual Federalism

    • 1288 Words
    • 5 Pages

    Later, the Constitution helped it regain its strength by establishing the principles necessaries to control the relationship between the national government and the states: federalism, the separation of powers, the checks and balances system to maintain control over their rulers, the Electoral College and the Bill of Rights. Therefore, while checks and balances, and the separation of powers control the federal government, the Electoral College and the Bill of rights limit the states’ governments as well. In short, all states are submitted to the decisions of the Supreme Court and to the National Constitution; however, the Federal Government cannot interfere with state laws as long as they comply with what is establish in the Bill of Rights. The most recent case of Federal intervention on a previous state matter was seen this year with the ruling of same-sex marriage legal on all states.…

    • 1288 Words
    • 5 Pages
    Great Essays
  • Great Essays

    Hb2 Pros And Cons

    • 1271 Words
    • 6 Pages

    Autumn Cyr Mrs.Gallos English III Honors 4.18.16 HB2: The Bad, The Worse, and The Not As Bad but Still Pretty Horrid March 23, 2016, a bill that was passed in North Carolina that states itself as: “An act to provide for single-sex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulations of employment and public accommodations. ”(Public Facilities.) This bill was written with good intentions but the good intentions have dug up bad possibilities. With loop holes and dead ends, this bill limits and takes the rights of transgender individuals and impedes on the pay of workers. This bill affects us all.…

    • 1271 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    ”(Opposition Brown v. Board of Education Decision). Many White Southerners tried to take legal measures to stop the integration. Some schools were shut down. “Southern states such as Virginia and Florida attempted to pass laws that would “interpose” between the federal government and the Southern citizens, making it so state laws supersede federal regulations. ”(Opposition Brown v. Board of Education Decision).…

    • 747 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The transgender community has been constantly fighting for equal rights. The Texas Senate is making their fight for equal rights more challenging by passing the anti-transgender bathroom bill. The anti-transgender bathroom bill contributes to the stigmatization and marginalization of a group that already faces significant discrimination. A study was done on people who identify as transgender in the Texas area. They found that 28% of respondents reported they were denied access to a restroom.…

    • 113 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The just laws that ensure the safety and rights of transgendered students, originated from the problem of transgendered students having safe access to facilities that are gender specific. They will often be harassed because of the persons’ opposite gender identity and results in the creation of an unsafe environment. In this paper, I will argue that not only every state in the United States of America, but also every country around the world should enact a law that ensures the safety, rights, and desegregation of facilities for transgendered students. All humans have their own opinion and have the right to make their own decision. This includes the decision to choose one’s gender identity.…

    • 1075 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    HB2 Argumentative Essay

    • 1009 Words
    • 5 Pages

    Every year, there is a new controversial state law resulting in a nationwide backlash. As of March 23, 2016, North Carolina officially joined the reign of states that include laws that tear the population apart. In the past year, the United States has made significant progress in the fight for LGBT equality. Over the summer, we watched as the Supreme Court case Obergefell v. Hodges allowed same-sex couples in all 50 states to get legally married, and while the long-lasting battle for the legalization of same-sex marriage was won, the battle for gender identity equality was still at war. There is no federal law that prevents businesses and states from discriminating against gender identity and transgender people.…

    • 1009 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    It also states that the federal government can only get involved if they believe that the state government is not complying with laws made by the federal government, or amendments made to the constitution. After going in-depth in the majority opinion, we must now go to the…

    • 1832 Words
    • 8 Pages
    Improved Essays