On the last day of 2022, the Eleventh Circuit held en banc that a school policy forbidding transgender students from using bathrooms for their identified gender does not violate either the Equal Protection Clause or Title IX. The school board, after quite a bit of input from LGBQT students and activists, enacted a policy allowing transgender students to use either the bathroom corresponding to their birth gender or separate gender-neutral bathrooms. Adams v. School Board of St. Johns County, Florida recognized the school's concern about student privacy interests, and held that the policy was sufficiently related to that interest. The opinion also held that Title IX encompasses only birth sex, and that the policy therefore does not violate that federal statute.
The decision sets up a circuit split, after the Fourth Circuit reached the opposite conclusion in Grimm v. Gloucester County School Board. In that case, the circuit ruled that Title IX applies to the gender with with a student identifies. Accordingly, a policy requiring students to use the bathroom of their birth gender or separate single-user restrooms. That circuit also found an Equal Protection violation, holding that the present of separate stalls in each restroom was sufficient to address privacy concerns.
One distinction between the two opinions is that the Eleventh Circuit did not require a school to have a policy similar to St. John's limits. It specifically stated:
Ultimately, the School Board believes its bathroom policy is necessary to ensure the privacy and overall welfare of its entire student body under the governing Florida statute. We will not insert ourselves into the School Board’s ongoing development of policies to accommodate students struggling with gender identity issues—unless, of course, the School Board’s policies are unconstitutional.
Otherwise, the two opinions stand on opposite ends of the spectrum on this contentious issue. Two conflicting opinions will not necessarily get the attention of the U.S. Supreme Court. As other circuits weigh in, however, it becomes much more likely that SCOTUS will decide to resolve the conflict.
/Passle/5fe0c4f453548a10fc881e09/SearchServiceImages/2025-03-31-20-40-41-549-67eafdc99050990b49b48356.jpg)
/Passle/5fe0c4f453548a10fc881e09/SearchServiceImages/2025-02-17-20-16-07-617-67b39907c56ef846c927f846.jpg)
/Passle/5fe0c4f453548a10fc881e09/MediaLibrary/Images/2025-05-05-20-53-03-372-6819252fda001553f92c4ae0.png)