11th Circuit Finds Separating Bathrooms Based On Sex Doesn’t Violate Our Constitution

  • by:
  • Source: Wayne Dupree
  • 03/04/2023

A decision made by the United States Court of Appeals for the 11th Circuit found that separating bathrooms based on sex does not violate the Constitution or Title IX. This ruling will likely have an impact on the discussion that is taking place all over the country regarding transgender rights and issues.

The decision is quite likely to have far-reaching ramifications in the states of Alabama, Florida, and Georgia.

The question at the center of Adams v. Sch. Bd. of St. Johns Cty was whether or not the St. Johns County School Board in Florida violated the rights of a transgender student when it forbade the student, a biological female who identifies as a boy, to use the boys’ bathroom at Allen D. Nease High School. The student in question was a biological female who identifies as a boy. The full court ruled that the United States has a long tradition of segregating certain spaces, such as bathrooms, on the basis of sex without violating the equal protection clause of the 14th Amendment or Title IX, which prohibits sex-based discrimination in education. One of the examples given in the ruling was that the United States has a long tradition of segregating certain spaces on the basis of sex. As a result, the student’s rights were not infringed upon in any way.

According to a statement that was written by Judge Barbara Lagoa for the court, who was appointed to her position by President Donald Trump, “separating school bathrooms based on biological sex passes constitutional muster and comports with Title IX.” The opinion was contested by four judges who had been selected by Democratic presidents.

The policy of the school on bathroom use is based on biological sex, which includes people who identify as transgender.

According to the verdict, transgender kids are included on “both sides of the categorisation,” which refers to biological males and biological females respectively.

According to the verdict, around 16 of the approximately 40,000 pupils who attend schools in the school district identify as transgender. Two other pupils informed the administration to the fact that Drew Adams had been using the restroom reserved for male students. The authorities instructed Adams to use either the restroom designated for females or one that was gender neutral. After that, Adams’ parents sent a petition to the school requesting that the bathroom regulation be altered.

The court made note of the fact that Adams possessed the bodily anatomy of a female.

The court presented evidence that demonstrated the numerous efforts made by the school to accommodate LGBT pupils as part of its defense that the school had not violated the rights of transgender students.

Three judges disagreed with the position held by the majority for a variety of reasons, with one of them saying that it was scientifically proven that gender and sex are distinct from one another. The verdict of the appeal court overturns the decision of the lower court.

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