SCOTUS Declines to Weigh in on Trans Students’ Bathroom Access Case | Them

This blog originally appeared at THEM.

A lower court ruling in favor of trans students will stand.

The Supreme Court has opted not to intervene in the ongoing dispute over transgender students’ rights to use bathrooms that match their gender identities. On Tuesday, the court declined an appeal from an Indiana school district seeking to overturn a ruling that required the district to permit trans boys to use the appropriate facilities.

In effect, this decision upholds a Seventh U.S. Circuit Court of Appeals ruling in favor of transgender students, requiring the Metropolitan School District in the Indianapolis suburb of Martinsville to continue allowing trans-inclusive restroom access.

The ACLU of Indiana initially filed a lawsuit in December 2021 on behalf of A.C., an anonymous transgender middle school student, and his parents. A.C. was required to use the girls’ restrooms or the single-person restroom in the nurse’s office, which was far from his classes. The ACLU of Indiana argued that these policies were unconstitutional, violating both the Fourteenth Amendment’s Equal Protection Clause and Title IX.

In April 2022, the plaintiffs were granted a preliminary injunction when a district court ruled to block the policy for the duration of the case. By August 2023, the Seventh Circuit ruled in favor of A.C., finding that the policies preventing him from using the boys’ restroom were indeed unconstitutional.

As The Hill noted, the Supreme Court has largely avoided directly weighing in on cases involving protections for trans youth, which often allows progressive lower court rulings to remain in place. In 2021, the Court declined to review a similar case in Virginia. Gavin Grimm, also represented by the ACLU, filed suit against his school district in 2015 after being required to use the girls’ restroom or the nurse’s bathroom. An appellate court found this policy unconstitutional in 2020, and the Supreme Court’s refusal to hear the case allowed that decision to stand.

Kenneth Falk, legal director of the ACLU of Indiana, expressed gratitude, stating that the organization was “thankful the Court allowed this momentous victory for the transgender youth of Indiana to stand.”

“In essence, this case is about safeguarding the fundamental right of every student to access a safe and inclusive learning environment. The policy at its core undermines the freedom of transgender youth to express their true selves,” Falk expressed in a press release. “We are committed to ongoing advocacy for transgender individuals and their families, standing firm wherever their legal equality is questioned.”

Kelley Robinson, President of the Human Rights Campaign, hailed the decision as a step in the right direction but stressed the ongoing need for further measures to safeguard transgender youth.

Robinson emphasized the universal importance of treating every child with kindness and respect, underscoring that while the decision is a positive affirmation of transgender students’ rights, significant efforts are still required to ensure comprehensive protection for all.