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Supreme Court Denies Review in Transgender Bathroom Case

The decision leaves unresolved a split among the nation’s federal appeals courts on transgender students' access to bathrooms that align with their gender identity.

  • The Supreme Court denied review in a case that would have clarified whether separating bathrooms based on biological sex violates Title IX or the equal protection clause of the Constitution.
  • The case, Martinsville School District v. A.C., involved a biological girl who identified as a boy and sought access to the boys’ restrooms at her middle school, which was denied by the school district.
  • The federal trial court and the U.S. Court of Appeals for the 7th Circuit permitted the student’s bathroom access according to her gender identity.
  • The Supreme Court's refusal to take up the case leaves unresolved a split among the nation’s federal appeals courts as to whether school districts are barred from enacting policies prohibiting transgender students from using bathrooms that align with their gender identity.
  • The Supreme Court has shown a reluctance to wade into issues implicating transgender protections, having regularly turned down similar disputes.
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