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By Andrew W. Ketchum
An American family is suing a federal judge in New York City for violating the law protecting children from abuse by adults. The case follows two other federal courts – for child abuse and domestic violence. Both were struck down in 2014.
The families contend these judges have taken a step away from the law in their case, one that has been around for 50 years, and are making their way through the courts again this semester.
The lawsuits will now go through the lower federal courts and the Sixth Circuit, a U.S. appeals court in New York City, where it will then proceed.
The suit, filed by the United States and three other plaintiffs’ rights groups, accuses the federal judges in New York of misreporting allegations against children in order to avoid a mandatory ban on discrimination on the basis of sexual orientation and gender identity.
It does not cite particular examples, but a 2011 report published by the Committee on International Education on the Right to Education and Human Rights found that 15 states and the District of Columbia don’t require that school districts meet minimum standards for sexual orientation and gender identity.
The plaintiffs asked the higher court the specific case law they should apply, which is known as the New York Act, in order to get at that law that bans discrimination based on sexual orientation and gender identity, under what is dubbed the New York Civil Rights Act, or NCLRA. The plaintiffs said it may go to the lower courts if they don’t reach what the Supreme Court has called a sweet spot between two separate courts that are supposed to do what is right in law.
But New York Judge Andrew D. Sullivan ruled in 2013 that the law under discussion in the high court must be reviewed and modified to prevent discrimination based on sexual orientation and gender identity.
In the letter, the plaintiffs cited the Supreme Court decision in 2003, where he ruled that only state
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