The Supreme Court decided not to hear a case involving a challenge to a Pennsylvania School’s District’s policy of allowing students to use the restroom which matches their gender identity rather than their biological sex. Their refusal to hear the case upholds to lower court rulings which favored the school district.
The case started in 2016 when the Boyerton Area School District allowed students who identified as transgender to use the bathroom of their choice. The Alliance Defending Freedom, who represented the students filing suit against the school district, claims that some male students did not know about the policy changed until “they were undressing in their locker room and discovered that a female student was changing clothes with them. They further allege that the students went to school officials “who told them they should just ‘tolerate it’ and make it as natural as possible.’”
A female student did not know about the policy change until she saw a boy in the girls’ restroom. She ran out of the restroom, but according to the ADF, “school officials refused to listen to her privacy concerns either.”
Scholars believed there were two issues at play in the case. First, “Given students’ constitutionally protected privacy interest in their partially clothed bodies, whether a public school has a compelling interest in…
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