The U.S. Supreme Court declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use bathrooms and locker rooms that correspond with their gender identity rather than their biological sex.
In an order released Tuesday, the high court denied an appeal in Doe, Joel, et al. v. Boyertown Area School, et al., allowing a lower court’s decision in favor of the school district to stand, thus allowing boys who identify as female to enters girls’ bathrooms, locker rooms and showers, and vice versa.
The Alliance Defending Freedom, a conservative law firm representing a group of students suing the school district over the policy, denounced the Supreme Court’s denial of appeal.
ADF Senior Counsel and Vice President of Appellate Advocacy, John Bursch, said in a statement released Tuesday that he believed the decision ignored the privacy rights of students.
“No student’s recognized right to bodily privacy should be made contingent on what other students believe about their own gender. Because the Third Circuit’s decision made a mess of bodily privacy and Title IX principles, we believe the Supreme Court should have reviewed it,” stated Bursch.
“But we hope the court will take up a similar case in the future to bring much needed clarity to how the lower courts should handle violations of well-established student privacy rights.”
The American Civil Liberties Union, a progressive legal group that intervened in the case, celebrated the upholding of the lower court’s decision.
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SOURCE: Christian Post, Michael Gryboski