{"id":1791293,"date":"2022-12-31T09:18:56","date_gmt":"2022-12-31T14:18:56","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1791293"},"modified":"2022-12-31T09:19:08","modified_gmt":"2022-12-31T14:19:08","slug":"federal-appeals-court-ruling-on-transgender-school-bathroom-policy-may-trigger-scotus-showdown","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-appeals-court-ruling-on-transgender-school-bathroom-policy-may-trigger-scotus-showdown\/","title":{"rendered":"Federal Appeals Court Ruling On Transgender School Bathroom Policy May Trigger SCOTUS Showdown"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ffederal-appeals-court-ruling-on-transgender-school-bathroom-policy-may-trigger-scotus-showdown%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1791293&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47-->\n<p>The decision by a federal appeals court Friday to uphold a Florida school district\u2019s policy barring trans students from using the restroom corresponding to their chosen sex could set up a showdown in the U.S. Supreme Court over the contentious issue.<\/p>\n<p><a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/201813592.2.pdf\" target=\"_blank\" rel=\"noopener\">In a 7-4 decision<\/a>The 11th U.S. Circuit Court of Appeals held that the St. Johns County School Board policy that barred a biological female who identifies as male from using a high school\u2019s boys\u2019 restroom violates neither the student\u2019s constitutional right to equal protection nor Title IX, the federal law against discrimination by schools based on sex. The court\u2019s ruling differs on substance from a 2020 decision by the 4th Circuit striking down a similar policy in <a href=\"https:\/\/www.dailywire.com\/news\/if-youve-got-that-much-of-a-problem-hold-it-ma-dem-governor-candidate-told-critics-of-transgender-bathroom-bill\/\" target=\"_blank\" rel=\"noopener\">Gloucester<\/a> County, Virginia.<\/p>\n<p>\u201cGiven the countervailing decision of the Fourth Circuit in <em>G.G. v. Gloucester County<\/em>, there is now a conflict in the circuits that could prompt a Supreme Court review,\u201d Jonathan Turley, George Washington University Law Professor<\/p>\n<p lang=\"en\" dir=\"ltr\">The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex\u2026 <a href=\"https:\/\/t.co\/YppVW9Kius\">https:\/\/t.co\/YppVW9Kius<\/a><\/p>\n<p>\u2014 Jonathan Turley (@JonathanTurley) <a href=\"https:\/\/twitter.com\/JonathanTurley\/status\/1609165783120375809?ref_src=twsrc%5Etfw\">December 31, 2022<\/a><\/p>\n<p>In the decision handed down Friday, the court ruled against plaintiff Drew Adams, who was required to use a gender-neutral, single-stall bathroom or girls\u2019 bathrooms while attending Nease High School. In the majority opinion, Judge Barbara Lagoa, an ex-Judge of the Florida State Supreme Court, stated that the policy was intended to protect students&#8217; privacy.<\/p>\n<p>\u201cThe school board\u2019s bathroom policy is clearly related to \u2014 indeed, is almost a mirror of \u2014 its objective of protecting the privacy interests of students to use the bathroom away from the opposite sex and to shield their bodies from the opposite sex in the bathroom, which, like a locker room or shower facility, is one of the spaces in a school where such bodily exposure is most likely to occur,\u201d Lagoa wrote.<\/p>\n<p>The decision broke down on partisan lines as Republican appointees Chief Judge William Pryor and judges Elizabeth Branch, Andrew Brasher, Britt Grant, Robert Luck, and Kevin Newsom all joined Lagoa\u2019s opinion. Democratic presidents appointed all four dissidents.<\/p>\n<p>Judge Jill Pryor was one of the dissenting opinions. She wrote that Adams was meant by the policy. \u201cwas forced to endure a stigmatizing and humiliating walk of shame \u2014 past the boys\u2019 bathrooms and into a single-stall \u2018gender neutral\u2019 bathroom.\u201d She stated that the court majority was in her favor. \u201clabels Adams as unfit for equal protection based on his transgender status.\u201d<\/p>\n<p>Pryor&#8217;s opinion was that Pryor believed the gender theory argument that biological sexuality and gender identity were not the same thing.<\/p>\n<p>\u201cTo start, the majority opinion simply declares \u2014 without any basis \u2014 that a person\u2019s \u2018biological sex\u2019 is comprised solely of chromosomal structure and birth-assigned sex,\u201d Pryor wrote.<\/p>\n<p>In a separate opinion, Judge Charles Wilson claimed that the policy was rooted within the \u201cmedically and scientifically flawed\u201d idea that people can\u2019t change their sex.<\/p>\n<p>The school\u2019s policy provided for a gender-neutral restroom and could also trans students who had documentation of their altered status prior to enrollment to use the restroom of their choice.<\/p>\n<p>This ruling overturned an earlier one in the case brought by the United States District Court of the Middle District of Florida. A three-judge circuit court panel initially upheld the lower court\u2019s decision over Pryor\u2019s dissent, but then vacated that decision and held an en banc hearing, or one before the entire circuit.<\/p>\n<p>The U.S. Supreme Court stated explicitly that it wasn&#8217;t addressing the transgender toilet issue in its 2020 decision.\u00a0<em><a href=\"https:\/\/www.law.cornell.edu\/supremecourt\/text\/17-1618\" target=\"_blank\" rel=\"noopener\">Bostock v. Clayton County<\/a>.<\/em> The majority of the judges in that case ruled that discriminating against someone on the basis their sexual orientation or gender identity was impossible without discriminating on the grounds of sex. Adams used that ruling to bring the case against the Florida school districts, even though it was not applicable to school restroom policies.<\/p>\n<p>\u201cWe do not purport to address bathrooms, locker rooms, or anything else of the kind,\u201d Bostock was the subject of a ruling by the High Court. \u201cThe only question before us is whether an employer who fires someone simply for being homosexual or transgender has discharged or otherwise discriminated against that individual \u201cbecause of such individual\u2019s sex.\u201d<\/p>\n<p>The Florida majority said that Title IX allows the district to have separate restrooms for biological girls and boys, pointing out that the statute\u2019s reference to \u201csex\u201d It is not synonymous with \u201cgender identity\u201d Or \u201ctransgender status.\u201d<\/p>\n<p>\u201cAffirming the district court\u2019s order and adopting Adams\u2019s definition of \u201csex\u201d Title IX includes \u201cgender identity\u201d Or \u201ctransgender status\u201d would have had repercussions far beyond the bathroom door,\u201d Lagoa wrote.<\/p>\n<p>Lagoa explained that students could use the bathroom of their choice if they have a policy. This would make it possible for them to access sports, living areas, showers, and locker room according to the same rules. This could negate one of the original goals of Title IX which was to provide girls with education.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The decision by a federal appeals court Friday to uphold a Florida school district\u2019s policy barring trans students from using the restroom corresponding to their chosen sex could set up a showdown in the U.S. Supreme Court over the contentious issue. In a 7-4 decision, the 11th U.S. Circuit Court of Appeals held that the &#8230;<\/p>\n","protected":false},"author":729,"featured_media":1791296,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[541],"tags":[7420,9439,4733,6202,3974,4326,5782,3924,6994,12152,4019,10235,6195],"class_list":["post-1791293","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-daily-wire","tag-appeals","tag-bathroom","tag-court","tag-daily","tag-federal","tag-policy","tag-ruling","tag-school","tag-scotus","tag-showdown","tag-transgender","tag-trigger","tag-wire"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1791293","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/729"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1791293"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1791293\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1791296"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1791293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1791293"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1791293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}