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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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  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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