Court rules that schools can segregate bathrooms by sex

In a move that is sure to outrage many on the woke left, a federal appeals court just ruled that schools are allowed to segregate their bathrooms based on sex. 

According to the Washington Examiner, that decision was handed down this past Friday by the U.S. Court of Appeals for the 11th Circuit.

Choices given

The case originated in Florida and was brought by parents of a biologically female student named Drew Adams against the St. Johns County School Board.

The Examiner noted that school officials were informed by other students that Adams was using the boys’ bathroom at her school.

In response, officials told Adams that she was to instead use either the girls’ bathroom or a gender-neutral bathroom that the school also provided.

14th Amendment

While attorneys for Adams argued that such a requirement violated both the Constitution’s 14th Amendment as well as a federal sex discrimination law known as Title IX, the court disagreed.

In a split decision, the judges noted that segregating bathrooms and other private spaces on the basis of sex has long been accepted in American law.

The majority opinion was authored by Judge Barbara Lagoa, an appointee of former President Donald Trump who was confirmed in 2019.

“Separating school bathrooms based on biological sex passes constitutional muster and comports with Title IX,” Lagoa wrote, adding, “Both sides of the classification — biological males and biological females — include transgender students.”

She noted that only 16 of the school district’s 40,000 students identify as transgender and then cited the many attempts made to accommodate them.

“Medically and scientifically flawed”

However, the court’s four Democratic appointees voiced dissent, with one arguing that sex and gender have been established by science to be different concepts.

Judge Charles Wilson wrote that the majority’s ruling was based on a “presumption that biological sex is accurately determinable at birth and that it is a static or permanent biological determination.”

“This presumption is both medically and scientifically flawed,” Wilson insisted, adding, “After considering a more scientific and medical perspective on biological sex, it is clear that the bathroom policy’s refusal to accept updated medical documentation is discriminatory on the basis of sex.”

The Examiner pointed out that Friday’s ruling reversed an earlier lower court decision in favor of Adams and would impact other school districts in Florida, Alabama, and Georgia.