Supreme Court to Hear Transgender Bathroom Case

Washington, DC–On Friday, the Supreme Court of the United States (SCOTUS) agreed to hear a case involving transgender restroom use.  This is the first case of this kind to reach the high court. 

Once heard, SCOTUS’ decision on this widely debated and controversial nationwide issue may well set major historical precedent.

The case involves a Virginia high school student who was born female, but views herself as a male. Originally, a lower level court ruled the student would be allowed to use the boys’ restroom, but SCOTUS placed a temporary stay while an appeal was reviewed, which was filed by the Gloucester County School Board.

The student brought the case after the school upheld ordinary restroom use restrictions on the student when community members came forward with concern over the privacy of other students. 

“Students with Gender Identity Dysphoria, to no fault of their own, should be treated with love and respect.  However, such treatment must also be respectful of children of the opposite sex who don’t want their dignity and privacy violated daily in a locker room,” said Brad Dacus, President and Founder of Pacific Justice Institute.

The case is also important because the U.S. Departments of Justice and Education have issued a letter asserting that Title IX, which requires equal treatment between the sexes in the provision of educational services, applies to transgendered pupils.  When Title IX was passed in 1972 Congress understood sex to be based purely on biological status.  What is important is whether the executive branch can unilaterally change the terms of a statute.  So in addition to the issue of privacy and transgenderism, the case has profound implications for the rule of law.

SCOTUS is set to hear the case as early as next year.

“It is PJI’s hope the Supreme Court will rule to protect the privacy and decency of all children in their decision,” continued Dacus.