Supreme Court allows supportive transgender bathroom policy to stay

Supreme Court of the United States in Washington. (Image by skeeze from Pixabay)
Supreme Court of the United States in Washington. (Image by skeeze from Pixabay)

WASHINGTON — The U.S. Supreme Court declined to take up a case challenging a supportive transgender bathroom policy. The decision means it will go into effect.

The Hill reported on Tuesday that students in the Boyertown district will be allowed to use the bathroom or locker room aligned with their gender identity. The district’s policy allows transgender students to use those facilities on a case by case basis.

From The Hill:

The Third Circuit Court of Appeals had ruled in 2018 to uphold the transgender bathroom policy, and the court’s order Tuesday leaves that decision in place.

A group of unnamed current and former students had challenged the policy, claiming that it violated their right to privacy under the 14th Amendment and infringed on the federal anti-discrimination law Title IX. They were represented by the Christian legal group, Alliance Defending Freedom.

But the lower court ruling found that policies not allowing for transgender students to use facilities corresponding to their gender identity could cause more harm to the transgender individuals.

“When transgender students face discrimination in schools, the risk to their wellbeing cannot be overstated — indeed, it can be life threatening,” the lower court opinion stated.

The Trump administration in 2017 rescinded guidance issued by the Obama administration that directed schools to let students use facilities that best aligned with their gender identities.

Tuesday’s order does not set a national legal precedent on transgender bathroom policies.