Court backs St. Johns County School District in transgender bathroom fight

In a 50-page majority opinion, Judge Barbara Lagoa wrote that the school-board policy “advances the important governmental objective of protecting students’ privacy in school bathrooms.”

“To start, the majority opinion simply declares — without any basis — that a person’s ‘biological sex’ is comprised solely of chromosomal structure and birth-assigned sex,” Pryor wrote. “So, the majority opinion concludes, a person’s gender identity has no bearing on this case about equal protection for a transgender boy.

But the full appeals court decided to take up the case, a move known as hearing a case “en banc.” Adams graduated from high school as the court fight continued. “The school board’s bathroom policy requires ‘biological boys’ and ‘biological girls’ — in reference to their sex determined at birth — to use either bathrooms that correspond to their biological sex or sex-neutral bathrooms,” Lagoa wrote. “This is a sex-based classification. Adams challenges the policy’s requirement that Adams must either use the female bathrooms — which correspond with Adams’s biological sex — or the sex-neutral bathrooms.

But in a dissent, Wilson challenged Lagoa’s conclusion, writing that underlying the policy is the “presumption that biological sex is accurately determinable at birth and that it is a static or permanent biological determination.”

Good.

Win for children & women's rights

Good.

It is a sad day for my LGBTQ students, friends, and comrades.

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