Court ruling could return sanity to school bathroom battle over gender identity

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Late Friday, December 30, 2022, the 11th Circuit Court of Appeals published an opinion that many in the parents’ rights movement had been waiting for with bated breath. In Adams v. School Board of St. Johns County, the full appellate court held that the school board’s policy of segregating bathrooms based on a student’s biological sex – that is the sex of the student at birth and not the gender the student may at some point identify with – did not violate the law because a student does not have a constitutional or statutory right under Title IX of the Education Amendments of 1972 to use the bathroom of the opposite sex.  

Instead, the student must use the bathroom comporting with the student’s biological sex or a single-stall, neutral bathroom at the school. Not only is this a significant win for the rule of law and parents in St. Johns County, Florida, but parents across the entire United States may well breathe a sigh of relief if the Supreme Court accepts this case which surely will be appealed. This is because the Adams decision is in conflict with a 2020 4th Circuit decision. 

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