A Maine judge says a school was wrong to bar a boy dressed up as a girl from using the girl's restroom.
Nicole Maines, now 16, was in the fifth grade when school administrators ordered him to use a unisex restroom after another student objected.
The Maine Supreme Judicial Court ruled Thursday that transgender persons (not just school kids) should have access to any public accommodations of their choosing.
This means that any male who believes he is a female has the right to share the women's restroom at a restaurant even if he is not wearing female attire.
In finding that the transgender boy's rights were violated, the court wrote:
“Decisions about how to address students’ legitimate gender identity issues are not to be taken lightly. 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.”
The ruling is consistent with similar rulings, particularly in California, that affirm the rights of a transgender person over the rights of society at large.
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