A federal appeals court ruled that public restrooms that are based on sex do not violate Title IX or the Constitution. The decision has repercussions for the transgender community.
The court's decision could have far-reaching consequences, especially in Georgia, Florida, and Alabama. The case involved a transgender student who was denied access to the boys' bathroom at a public school.
In an en banc ruling, the court stated that the US has a long history of segregating public spaces based on sex. This does not violate either the 14th Amendment's equal protection clause or Title IX's prohibition on sex-based discrimination.
In support of the ruling, Judge Barbara Lagoa stated that school bathrooms that are based on biological sex are constitutional. Four of the court's judges, who were appointed by Democrats, did not agree with her.
According to the school's policy, which also includes transgender individuals, bathroom use should be based on biological sex.
"The court ruled that transgender students are included in the classification of individuals who are considered to be biological females or biological males."
According to the ruling, about 16 out of the 40,000 students in the school district identify as transgender. The authorities were alerted to the use of the boys' bathroom by two other students. They told Adams to either use the girls' restroom or the gender-neutral one.
The court noted that Adams was born with a female's anatomy, and the school had attempted to accommodate the needs of the transgender community.
Three judges from the court disagreed with the majority opinion, and one of them claimed that sex and gender were established differently.
The preceding is a summary of an article that originally appeared on Washington Examiner.