11th Circuit: Separating Bathrooms Based on Sex Doesn’t Violate the Constitution or Title IX

For the next five minutes, something like common sense just emerged from the bowels of the 11th Circuit Court of appeals. The case is Adams v. Sch. Bd. of St. Johns Cty, questioning whether the school board violated transgender student rights.

“[A] biological female who identifies as a boy” was prohibited “from using the boys’ bathroom at Allen D. Nease High School. The court ruled en banc that the United States has a long tradition of segregating certain spaces, such as bathrooms, on the basis of sex, without falling afoul of either the equal protection clause of the 14th Amendment or Title IX, which prohibits sex-based discrimination in education.”

 

“Separating school bathrooms based on biological sex passes constitutional muster and comports with Title IX,” Judge Barbara Lagoa, who was appointed by President Donald Trump, wrote for the court. Four judges appointed by Democrats dissented from the opinion.

The school’s policy on bathroom use is based on biological sex, which includes transgender people.

“Both sides of the classification — biological males and biological females — include transgender students,” the ruling read.

 

No matter how you identify at school, you have either one set of biological parts or the other. That’s your bathroom, and expecting as much does not violate your rights.

I know, too simple.

The ruling also only applies to courts overseen by the 11th Circus, which includes Alabama, Georgia, and Florida, but it draws a line in the sand – though we remind you that it is still sand. At some point this will make its way up the food chain where we hope Justice Ketanji Brown Jackson will recuse herself, seeing as she doesn’t know what a woman is because she is not a biologist. Not that not being something ever stopped her from ruling on anything else.

 

 

HT | Washington Examiner

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