The Supreme Court has denied review of Doe v. Boyertown School District, leaving a ruling from the Third Circuit in place which allowed students to use the locker room or bathroom of their choice based on the student’s gender identity
SCOTUSblog’s Amy Howe writes: “The school district had a policy of allowing transgender students to use locker rooms and restrooms that match their gender identity. The Third Circuit upheld that policy, and the Supreme Court denied a petition for review of that decision today, which means that the Third Circuit’s decision (and the policy) will stand.”
Read the order HERE.
The ACLU’s page on the case:
The ACLU and the ACLU of Pennsylvania filed a motion to intervene on behalf of a transgender student and an LGBTQ youth organization. They seek to defend the Boyertown Area School District’s practice of allowing transgender students to use restrooms and locker rooms consistent with their gender identity.
In March 2017, the Boyertown Area School District was sued by a student identified by the pseudonym Joel Doe. The complaint claims that allowing transgender boys to use the same facilities that Doe uses is a violation of Doe’s privacy.
The ACLU represents Aidan DeStefano, a student at Boyertown Area Senior High who is transgender, and the Pennsylvania YouthCongress, a coalition of LGBTQ youth leaders and youth organizations. One of the organizations is the Boyertown Gay-Straight Alliance, whose members include transgender students who would be harmed by the lawsuit.
Said Ria Tabacco Mar, senior staff attorney with the ACLU LGBT & HIV Project: “This is an enormous victory for transgender students across the country. Boyertown’s schools chose to be inclusive and welcoming of transgender students in 2016, a decision the courts have affirmed again and again. This lawsuit sought to reverse that hard-won progress by excluding transgender students from school facilities that other students use. That would have increased the stigma and discrimination that transgender students already face. Thankfully, today’s announcement allows schools to move forward with policies that support transgender students. But our work is far from over. We will continue to defend the transgender community from attacks in the courts, the legislatures, and the White House.”
Said DeStefano: “By the time I graduated high school, I was using the boys’ bathroom and participating on the boys’ cross country team. I felt like I belonged and had the confidence I needed to continue with my education. I’m glad the Supreme Court is allowing schools like mine to continue supporting transgender students.”