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Supreme Court Orders Protect Transgender Students, Weaken Abortion Rights

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Supreme Court Orders Protect Transgender Students, Weaken Abortion Rights

May 28, 2019, Washington, DC – The National Council of Jewish Women (NCJW) today reacted to the Supreme Court’s orders in Box v. Planned Parenthood of Indiana and Kentucky and Doe v. Boyertown Area School District. Jody Rabhan, NCJW Director of Government Relations and Advocacy, released the following statement:

“Today’s victory in the Boyertown case is a bright spot amidst the Trump administration’s attacks on transgender students, including the decision to rescind regulations protecting transgender kids at the start of this administration. The Supreme Court has denied certiorari and allowed the Third Circuit’s decision to stand, meaning that transgender students in the district can continue to use facilities that match their gender identity.

“The Court also declined to consider an appeal of the Seventh Circuit’s ruling in Box striking down an Indiana law banning abortions on the basis of sex, race, or disability. Such onerous legislation is often fueled by racist stereotypes and is patently unconstitutional, violating patients’ First Amendment rights and creating an undue burden on the right to obtain an abortion.

“Unfortunately, in the very same breath, the Court also reversed the lower court’s decision invalidating another provision of the Indiana law mandating that fetal remains be cremated or interred. In granting a summary reversal, the Court has disregarded briefing and oral argument of the case on the merits and decided that the legislation is rationally related to legitimate government interests. Notably, the Court did not apply the standard established in 1992’s Planned Parenthood v. Casey, a more rigorous test declaring laws imposing an “undue burden” — a “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability” — unconstitutional.

“The National Council of Jewish Women supports advancing reproductive health, rights, and justice, and will continue to fight state and federal laws limiting abortion.”

The National Council of Jewish Women (NCJW) is a grassroots organization of volunteers and advocates who turn progressive ideals into action. Inspired by Jewish values, NCJW strives for social justice by improving the quality of life for women, children, and families and by safeguarding individual rights and freedoms. More information on Facebook and on Twitter at @NCJW.

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