The U.S. Supreme Court recently declined to consider whether a middle school in Indiana was required to allow a transgender boy to use the bathroom that corresponds with his gender identity
The case originated in 2022 when the mother of a 7th-grade transgender student challenged the school’s policy. The Metropolitan School District of Martinsville, Indiana, had implemented a policy barring transgender students from using bathrooms based on their biological sex.
In 2023, the Chicago-based 7th U.S. Circuit Court of Appeals ruled against the school district.
The appeals court upheld a federal judge’s injunction that allowed several transgender students, including the boy identified as A.C., to use their preferred bathrooms. A.C. who had identified as a boy since the age of 8, was able to use the bathroom corresponding to his gender identity.
The central issue was whether the Constitution’s 14th Amendment (which ensures equal protection under the law) or Title IX (the federal law prohibiting sex discrimination in education) protects transgender students in this context. The court’s decision not to intervene means that litigation in lower courts nationwide will continue, with varying conclusions by judges.
The Biden administration has issued guidance stating that Title IX protects against discrimination based on sexual orientation and gender identity.
However, this approach has been contested in cases related to bathroom access and school sports.
