ACLU

Step 1: Research

Closely review Chapters 2, 4 and 35 in your textbook. Also look for current cases in the press involving similar situations.

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Step 2: Assume and Analyze this Fact Set

A 60 year old private charitable Christian Mental Health Clinic in Florida offers safe space and secreted temporary housing for any abused children and women in all large metropolitan cities. The women and children aided at the clinic represent all races, religions and genders located in the demographic population of Florida. While being counseled and processed, physically and sexually abused children and women spend 24-96 hours housed in this facility awaiting processing of their cases against their perpetrators before being placed in secreted Christian homes permanently. The toilets and bathing areas in these facilities have traditionally been separated by biological birth gender. In the past, the biological birth differentiation has worked flawlessly for the physically and mentally fragile population who utilized the facilities. This Florida Clinic typically assists over 100,000 abused women and children on an annual basis. The state of Florida, like most states, has no secreted temporary or permanent program to assist these abused women and children outside of the criminal justice system. The criminal justice system is focused on due process, incarceration and punishment of the perpetrator and provides no subsistence assistance to the victims.

Last year a LBGT group filed suit against the clinic demanding that all the toilet and bathing facilities be reworked and labeled as gender neutral. The group insists that all gender classes must be honored at the facility and that accommodations for any LBGT workers, visitors, victims etc… be available to all, at all times. The plaintiff group insists that the facility must close-down if it fails to comply with the accommodations requested. No funds exist to add additional toilet or bathing facilities space or reconfigure the existing spaces.

What recourse does the clinic and the LBGT group have and under what laws?

Step 3: Write a Legal Argument– Use IRAC format explained in your textbook and the page for IRAC in Module 1 and Module 14.

You are a junior attorney working for the ACLU (look this organization up on the Internet). In 250 – 300 words give your reasoned opinion of which side of the case ACLU should take and what remedies of relief should be available to your client. Keep in mind that a well- reasoned legal argument always points out the merits of the opposing case and then differentiates that argument by using facts and law to support the client. Make sure you include that in your memo. Attach the document to the dropbox.

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