A new ruling for the New Year – the 11th Circuit Court of Appeals has ruled one Florida school did not violate the U.S. Constitution when it said students are only allowed to use the bathroom corresponding to their biological sex.
This lawsuit dates back to 2017 when a transgender male student tried to use the bathroom as a male – he later sued to say he should be allowed to use that bathroom – especially after changing identification documents to reflect his transition.
Friday’s ruling came with a wave of mixed reactions – and with a 7-4 ruling, so was the opinion of the appeal court.
“The court is right with their agreement with standing up to the Constitution stating that we are going to follow biological sex,” said mom-turned-advocate Angelique Contreras.
Friday’s ruling from the 11th Circuit Court of Appeals has ruled transgender students must use the bathroom to which they biologically correspond to.
It concluded that Florida’s St. Johns County School Board did not discriminate against transgender students based on sex or violate federal civil rights law.
“This is one more thing of the government of the United States saying you don’t matter, you don’t count and that’s very distressing,” said Michael Riordan with the Compass LGBTQ Community Center in Lake Worth Beach and added this ruling is making schools less safe for trans kids.
“I want what’s best for our children, safety for girls, and for them to have their equal rights and opportunities,” said Contreras.
In the concurring opinions of the court, the school board at the center of this lawsuit does not accept updates to students’ enrollment documents to conform with their gender identities.
And noted that the school in question offers gender-neutral bathrooms for students.
“Really what you’re saying to these kids that they can’t be in the bathroom that they identify with that their gender truly is on the inside you’re really rejecting their experience and you’re making it unsafe for them,” said Riordan.
In the dissenting opinion of the court, the district court found that, “if a transgender student initially enrolls with documents listing the gender that matches the student’s gender identity,” the school board “will accept the student as being of that gender.”
One item also brought up in this opinion was Title IX and how it defines sex – and whether it includes gender identity in its definition.
Some believe it is exclusive to biological sex determined at birth, while others believe it should go back to Congress to be explicitly defined.