Supreme Court Rejects School District's Appeal, Leaving Transgender Restroom Access Controversy Unsettled

  • by:
  • Source: Wayne Dupree
  • 01/17/2024
In Tuesday's rejection of an appeal from an Indiana public school district, the Supreme Court turned down an opportunity to step in and settle the ongoing controversy around transgender kids' access to restrooms.

There is a split among federal appeals courts on the question of whether or not school regulations that limit the restrooms that transgender children may use are unconstitutional.

In a case that went unmentioned, the 7th U.S. Circuit Court of Appeals in Chicago affirmed a decision that allowed transgender males to use the boys' restroom. A school district in Martinsville, Indiana, located about 30 miles (48 kilometers) southwest of Indianapolis, filed the appeal.

While the Atlanta appeals court found against transgender pupils, the Richmond, Virginia, federal appeals court sided with them.

Battles over transgender rights are raging in courts throughout the nation, and nine states have passed legislation requiring transgender kids to use the restroom that corresponds with their biological sex.

Judge Diane Wood of the 7th Circuit said in her decision that the participation of the Supreme Court seemed imminent, "We assume that the Supreme Court will step in with more guidance than it has furnished so far," Wood said, recalling the widespread litigation around transgender rights.


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