ACLU of Oregon note: In May, a student at Sutherlin High School student filed a lawsuit against the Sutherlin School District, its superintendent, the high school principal, and others, claiming transgender students shouldn't be allowed to use restrooms consistent with their gender identity because it made him "feel very uncomfortable." The lawsuit singled out our client, 15-year-old Sutherlin High School student Tyler, by name, while consistently and intentionally misgendering him.

In Oregon, state law prohibits discrimination in education and public places based on gender identity. On Wednesday, two weeks after we prevailed in federal court fighting back against another lawsuit targeting transgender youth, the plaintiffs dropped the lawsuit.
 
We are gratified that this meritless, mean-spirited lawsuit was dropped. All students have the right to a safe and inclusive learning environment. Transgender and gender non-conforming students are free to be who they are at any public school in Oregon. We will continue to defend and advance these rights in the future.

 

I was called out of my room by my mother last month – she said it was urgent and I needed to come here immediately.

She handed me her phone with a news article on it. Something about “Sutherlin student files lawsuit over transgender bathroom use.” I knew immediately from the headline that it was about me. And then two paragraphs down, there it was for everybody to read: My name.

I personally was named in a lawsuit because I used the boys bathroom at my school in January and another boy felt “uncomfortable” because of it.

I know my rights, and that’s why I didn’t back down when I was called into the vice principal’s office last winter and that’s why I didn’t back down when the lawsuit was filed.

It was during my fourth period class when I went to the bathroom on January 31. When I walked into the boys room I remember seeing someone else in there, but I didn’t pay attention to who it was because, really, I didn’t care. I went in, locked the stall, and then heard people talking.

“Isn’t it weird…” I could hear someone saying. I don’t remember exactly what was said after that, but I knew it was about me, because they kept saying “she.” A lot of people who don’t agree with how I live my life reference me as “she” and use my dead name.

I didn’t realize at the time that this bathroom visit was going to end up in court. I didn’t even know anybody cared until I was called out of class later that day and sent to the vice principal’s office.

“11:06 you went into boys bathroom,” he said while pulling up security camera footage and telling me he got a complaint from a student about me being there. The same student who’s suing. “Why didn’t you go to the girls bathroom?”

Because I’m a guy. I’ve been this way my whole life.

I’m only 15 but I knew from a very young age what was comfortable for me and what wasn’t. I always leaned towards the male, masculine aspect of things. I participated in sports growing up that are particularly seen as masculine – I played on the baseball team instead of the softball team, I played football and other high-contact sports.

I just connect more with how my male peers do things. Having short hair, acting a certain way, stuff like that. I would talk to my female peers and couldn’t really relate with what they were going through or how they dealt with things. It was always conflicting to be told that because I was born in a certain category I should do this a certain way or that a certain way, when everything I’ve been doing has been more comfortable for me.

I stumbled on the LGBT community when I was in fourth grade. I understood that some people had certain aspects of their lives that are viewed as different, but that’s just how they felt comfortable living their lives. It rang a bell for me, personally, because that’s how I had been seeing things as well. I read the definitions of “lesbian,” “gay,” and “bisexual.” And then I found “transgender” and what that meant.

I didn’t fully understand it at first, but I connected with it after doing countless hours of research. What is this? Why do I feel this way? It clicked that this is exactly what’s going on with me!

But I didn’t realize my identity would be an issue for other people.

When I was still seen as female, people stood up for me. But after I came out, things just switched. I got bullied a lot and told that I was weird, or different, for acting the way I was acting. They claimed that because I was born a certain way I couldn’t be acting the way I was acting. They called me names – names that I’m not going to repeat here. Feeling unaccepted and like an outcast can really put a toll on you emotionally. I became more secluded, more isolated.

This past year, my sophomore year at Sutherlin, was rough. A group of students found it hilarious to use my dead name and wrong pronouns to get a rise out of me. It just turns into a big laugh fest, seeing how far they can push me, the weird kid.

The first adult I came out to was my therapist, about two years ago. I just started crying when I talked about how I felt inside; she encouraged me to tell my mom, and I did the ride home. My mom said “haven’t you always” identified as male? She has always been supportive, but her reaction was such a relief. My family accepting me made this process a lot easier. Had I not been able to change my name and pronouns, and live comfortably at home, I don’t know what would have happened.

This lawsuit – and being personally named in it – really stung. I was so worried about going back to school while it was dragging on, so learning this week it was dropped was a huge relief. I received a lot of support from advocates since this situation happened, and I’m so thankful for that.

I hope other transgender students in Oregon know that they are not alone. I hope this lawsuit getting dropped means real progress and acceptance. I hope that other students like me feel empowered enough to speak up about the issues in their district, whether it be about privacy, or bullying, or anything in between.

And I hope that this will help other students understand that we all face problems at school and wherever we go, just a smile in the hallway can make someone's day.

 

 

Date

Thursday, August 9, 2018 - 1:45pm

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Tyler W., Sutherlin High School student

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Amid the chaos of family separations and zero-tolerance policies being implemented at our borders, Immigration and Customs Enforcement decided in early June to begin transferring immigrants to prisons operated by the Federal Bureau of Prisons. Their appalling treatment in these prisons reveals, yet again, the depraved cruelty of this administration toward immigrants. 
 
On Wednesday, with our co-counsel partners — the Prison Law Office and the Civil Rights Education and Enforcement Center — we sued the Trump administration, ICE, and the BOP for violating the constitutional rights of immigrants currently detained at one of those federal prisons in Victorville, California. We are asking the court to order ICE to immediately remedy the unlawful conditions and ultimately remove immigrants from the prison. 
 
The Victorville prison is in a remote location in the California desert, two hours outside of Los Angeles, far from community support and legal services. It is an enormous complex of concrete buildings surrounded by fencing and barbed wire. The immigrant men who are detained there wear orange and brown prison jumpsuits, but most have not been convicted of, or even charged with, a crime. They are merely seeking relief under U.S. immigration laws — as is their legal right. 
 
Their movement is highly restricted. They are detained two to a cell, confined indoors for most of the day with little opportunity for exercise or exposure to sunlight. Their “meals” are often inedible: spoiled milk and meat that is infested with worms and maggots. The food is nowhere near adequate to sustain them. 
 
When they arrived at Victorville, the detained immigrants were not provided a change of uniform or underwear for several weeks. Some recount how they had to wash their underwear in the toilet in their cell with a small bar of soap that was also to be used for washing themselves. 
 
Medical and mental health needs are ignored, an especially dangerous situation for those who have fled persecution or torture in their home countries. Poor hygiene and medical neglect are so extreme that there have been outbreaks of chickenpox and scabies. When the men try to seek medical help, they are often dismissed, mocked, and verbally abused by staff who threaten them with isolation and other punishment. 
 
Communication with the outside world is severely limited. The men do not have access to legal materials, and the most basic information is provided solely in English, a language that the majority of the men do not speak. They were only allowed to consult with attorneys after the ACLU of Southern California won a court order granting access to the detainees. 
 
As if these conditions were not appalling enough, prison officials have denied the men one of the few things that might bring them some comfort or peace of mind: the ability to practice their faith. Victorville officials have refused to provide religious services or other opportunities for group worship and prayer. By policy, the men are not allowed to worship outside of their cells. Prison officials also have not provided meals that fully comport with their religious beliefs, forcing them to eat food that violates their faith or go hungry. 
 
Officials confiscated immigrants’ religious items, including religious clothing and holy books. For example, Sikh immigrants had their turbans taken. They have not been able to regain access to them or obtain replacements, even though wearing a turban is one of Sikhism’s most sacred religious practices. Another immigrant had his Bible seized and has likewise been unable to procure a replacement. These violations of religious rights persist, even though the BOP’s and ICE’s own regulations recognize the right to engage in these religious practices. 
 
Let’s be clear: No one — not even those convicted of crimes — should be subject to these shocking conditions of confinement. Many of the men report that they feel depressed and that they never expected that this could happen in America. The situation is so dire that some have engaged in self-harm, while others simply abandon their legal claims because the abuse is too much to endure. 
 
Despite all that these people have gone through, an ICE agent told one of our clients "to think of Victorville like a hotel."  
 
But the problem isn’t limited to Victorville. At the Sheridan Federal Detention Center in Oregon, another BOP facility, immigrants likewise suffer from lack of access to counsel and other unconstitutional conditions, which are being challenged by the ACLU of Oregon and the Federal Public Defender. The ACLU and ACLU of Oregon filed a brief on Wednesday with the Oregon federal district court, supporting a request for an emergency order directing prison officials to allow the immigrants incarcerated at Sheridan to practice their religion while they are confined. 
 
The men at the Victorville and Sheridan prisons are detained under an agreement between ICE and the BOP, allowing for the detention of 1,600 immigrants in BOP facilities in Washington state, Oregon, California, Arizona, and Texas. While ICE uses its own network of prisons and jails to detain immigrants, the move to transfer immigrants to BOP facilities at this level is unprecedented.      
 
Before these transfers started, federal prisons like Victorville were used to incarcerate those who have been convicted of crimes — and the BOP did a poor job of that. Over the years, the Victorville prison has been plagued by a number of problems, including understaffing that has led to dangerous conditions for those incarcerated there. 
 
BOP officials themselves have acknowledged that the situation in these facilities is untenable. Some BOP employees have reported that they were not provided adequate notice that hundreds of immigrants would be transferred to BOP facilities, which were unprepared to handle a sudden influx of people or the particular needs of this population. While reports initially indicated that the use of federal prisons for immigrant detention was a temporary, 120-day arrangement, the contracts between ICE and BOP will last a year. 
 
The harm resulting from such imprisonment is profound. Many of the immigrants detained at Victorville and Sheridan may suffer medical and mental health effects years or even decades after they are released. 
 
None of this had to happen. 
 
Like the Trump administration’s family separation and zero-tolerance policies, these transfers were made in reckless haste, with no regard for the well-being and lives of the immigrants who are detained. President Trump and ICE might not care about them, but we do. 
 

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Wednesday, August 1, 2018 - 7:00pm

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Authors:
Victoria López, Senior Staff Attorney, ACLU National Prison Project
Heather L. Weaver, Senior Staff Attorney, ACLU Program on Freedom of Religion and Belief

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