Appellate court rules in favor of separating school bathrooms based on sex
en banc that the United States has a long tradition of segregating certain spaces, such as bathrooms, on the basis of sex, without falling afoul of either the equal protection clause of the 14th Amendment or Title IX, which prohibits sex-based discrimination in education. As such, the student's rights weren't violated.
"Separating school bathrooms based on biological sex passes constitutional muster and comports with Title IX," Judge Barbara Lagoa, who was appointed by President Donald Trump, wrote for the court. Four judges appointed by Democrats dissented from the opinion.“Both sides of the classification — biological males and biological females — include transgender students,” the ruling read.
Of the 40,000 students that attend the school district, around 16 identify as transgender, the ruling said. School authorities were alerted of Drew Adams using the boys' bathroom after two students complained. The authorities told Adams to use either the girls' bathroom or a gender-neutral bathroom. Adams's parents then petitioned the school to change the bathroom policy.
In arguing that the school didn't violate the rights of transgender students, the court documented the school's many attempts to accommodate LGBT students. Three judges dissented from the majority opinion for different reasons, with one arguing that gender and sex were scientifically established as different. The appellate court's ruling reverses that of a lower court.