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WASHINGTON, DC – The Supreme Court declined Monday to take up a case claiming secular legal rights against transgender school policies, but will instead decide more basic LGBT legal issues next year.
Boyertown Area School District in Pennsylvania adopted an SOGI (“sexual orientation and gender identity”) policy of allowing students to declare which gender they identify with – boy or girl – and then use the facilities of that sex. Under this policy, a 17-year-old boy can identify as a girl, and then has the right to use a shower next to a 15-year-old girl in the locker room while that girl is fully undressed.
Students - School - Right - Members - Sex
Several students sued the school, claiming a constitutional right to refuse to be seen naked by members of the opposite sex. Lawyers also argued that the transgender policy violated Title IX in federal education law.
A federal district judge held that no rights were violated, because if a girl declares herself to be a boy, then in the eyes of the law she is a boy, and she should be considered a boy by other students. The court concluded it would be unreasonable for other boys to be offended by being unclothed in the presence of that person, because reasonable students should regard that person as a member of their own sex.
US - Court - Appeals - Third - Circuit
The U.S. Court of Appeals for the Third Circuit affirmed the district court, though on a different basis. The Third Circuit concluded that preventing discrimination against LGBT individuals and promoting acceptance of the LGBT agenda are such compelling public interests that any asserted constitutional right to the contrary must give way to advancing those interests.
The Supreme Court denied review of this case. However, conservatives should not construe that as a sign that a majority of the justices agree with the lower courts in upholding SOGI policies.
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