Former NCAA swimmer Riley Gaines hand-delivered a letter to officials on Thursday demanding a meeting over the NCAA’s transgender policies. The U.S. Supreme Court on Monday rejected an Indiana public school district’s request to defend a policy that restricted bathroom access by sex. The justices declined to hear an appeal by the Metropolitan School District of Martinsville after a lower court ruled that a middle school’s policy barring transgender students from using facilities like bathrooms or locker rooms aligned with their self-professed gender identity violated students’ constitutional rights and ran afoul of federal anti-discrimination law.
Attorneys for the school district had asked the court to preserve the autonomy of school boards to make decisions. A 2023 ruling by the Chicago-based 7th U.S. Circuit Court of Appeals said that the student, identified in court papers as A.C., is protected under a law called Title IX that bars sex discrimination in education and the Constitution’s 14th Amendment requirement that people be protected equally under the law.
Republicans in several states have pursued various laws affecting transgender people, including policies reinforcing bathroom and locker room segregation by sex, school sports participation, access to sex-reassignment medical procedures for minors, and restrictions on what schools teach about sexual orientation and gender identity.
The Indiana case concerned a 13-year-old gender dysphoric student whose mother sued the school district and middle school principal after her child was prohibited from using boys’ facilities. In 2022, U.S. District Judge Tanya Pratt ruled in favor of A.C., ordering the school to allow bathroom access corresponding with the student’s gender identity. The 7th Circuit affirmed Pratt’s ruling, prompting the school’s appeal to the Supreme Court, which has a 6-3 conservative majority.
The school district argued in a court filing that Title IX permits schools to segregate bathrooms by sex and that the equal protection clause does not prohibit schools from protecting the interests of students in shielding their bodies from exposure to the opposite sex. Lower courts have issued mixed rulings on school policies affecting transgender students.
Last month, the 11th U.S. Circuit Court of Appeals ruled in favor of a school that required transgender students to use gender-neutral bathrooms or those matching their sex, not their gender identity. Two other federal appeals courts have ruled that transgender students can use bathrooms that accord with their identities. These cases have put pressure on the Supreme Court to resolve the discrepancies, but so far the court has refused multiple opportunities to do so.
In 2021, the Supreme Court left in place a 4th Circuit ruling that favored a transgender student who had sued to use the bathrooms associated with their identity. More recently, the Supreme Court in April 2023 refused to permit West Virginia to enforce a state law that banned transgender athletes born as males from participating in female sports in public schools.
Digital’s Jamie Joseph, Andrew Mark Miller, and Reuters contributed to this report. Chris Pandolfo is a writer for Digital.
