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Judge allows transgender suit to proceed

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A transgender former high school student who was barred from his senior prom in Gary because he was wearing a pink dress for the occasion will have his day in court.

U.S. District Judge Joe Van Bokkelen issued a 10-page order late Thursday that denied the school corporation's motion to dismiss the case of Kevin Logan v. Gary Community School Corp., et al., No. 2:07-CV-431.

The case involves a prom dress-code incident in May 2006, where a school principal blocked Logan - who goes by "K.K." - from entering the school event because of what he was wearing, even though a female student wearing a tuxedo was allowed to enter.

While in school, Logan was known to wear clothes typically associated with girls his age. But the principal cited a school policy for the entry denial, and Logan eventually filed suit in the Northern District.

The northern Indiana school district filed a motion to dismiss in February, arguing the court didn't have jurisdiction to hear Logan's case on the grounds that federal law doesn't dictate local school dress codes, especially when constitutional rights haven't been violated.

But in his ruling, Judge Van Bokkelen is clear the federal court has jurisdiction in rejecting each of the school's arguments: that the separation of powers doctrine doesn't preclude his court from hearing the case; that the issue isn't moot despite Logan's status as a former student because it's a facial challenge to a rule under the First Amendment; and that the school officials aren't immune under the 11th Amendment because they aren't arms of the state.

Judge Van Bokkelen found that the First Amendment issues and the Title IX claims on why Logan was excluded from the prom - because of sexual orientation or dress code - need further development and it would be premature to dismiss the case now. He explicitly rejected the school's argument that "it is high time the Federal Court" stopped interfering with school administration, citing caselaw that shows federal courts do have the authority to review school decisions even though they often defer to local school leaders in establishing policy.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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