BREAKING: US Supreme Court refuses to hear appeal for single-sex spaces for children at school
WASHINGTON, D.C., December 7, 2020 (LifeSiteNews) — The U.S. Supreme Court has declined to hear an appeal from parents who wish to keep members of the opposite sex from their children’s formerly single-sex school bathrooms and locker rooms.
The high court made a declaration that “Parents for Privacy v. Barr, Attorney General et al.” would not be heard on today’s orders’ list, stating only that the appeal was among those cases “certiorari [higher court] denied.”
“The court did not give a reason for turning away the appeal, but similar lawsuits have been dismissed by lower courts across the country,” wrote LGBTQnation, a pro-homosexual news site. “The decision to decline the case is a big win for transgender students.”
This is the latest chapter in the saga of a high school in Dallas, Oregon, where in 2015, a freshman student, a biological female who had recently adopted the name Elliot Yoder, decided that changing in a single-occupant restroom for gym class was too inconvenient and embarrassing and asked to use the boys’ locker room instead. According to the Oregonian newspaper, Dallas School District officials sent a letter to the 67 students in Yoder’s gym class, saying that an “unnamed transgender student” would be using their locker room in future.
In November 2015, the U.S. Department of Education had ruled that preventing a biological male who identified as a girl from using girls’ facilities was a violation of Title XI facilities. According to the Oregonian, although the ruling applied to just one student at one school, other school districts took notice and believed “that a precedent was set.”
Parents and grandparents of children in Dallas’s one high school objected to a female using the boys’ facilities and the possibility of males using the girls’ facilities in future. In 2017 a group of the parents brought a lawsuit against the new policy, saying that they wanted to spare their children the “embarrassment, humiliation, anxiety, intimidation, fear, apprehension, and stress produced by using the restroom with students of the opposite sex.”
However, their suit was dismissed in 2018 by U.S. District Judge Marco Hernandez. Hernandez ruled that “high school students do not have a fundamental privacy right to not share school restrooms, lockers, and showers with transgender students whose biological sex is different [from] theirs.” According to Portland’s ABC-affiliate KATU Channel 2, the judge also statedthat the possibility of seeing or being seen by a member of the opposite sex while undressing or attending to bodily needs “does not give rise to a constitutional violation.”
“Parents for Privacy” appealed the ruling, but in March 2020 the Ninth Circuit Court of Appeals upheld it.
In June 2020, the U.S. Supreme Court wrote transgenderism into 1964 federal civil rights law. President-Trump appointed Justice Neil Gorsuch, allegedly part of the court’s conservative wing, wrote the majority opinion.