The Supreme Court will likely consider whether schools can require students who identify as transgender to use the restroom of their birth sex rather than their gender identity, according to The New York Times.
A Dec. 30 ruling out of the 11th Circuit in Georgia found that a girl who identified as a transgender boy was not entitled to use the boys’ restroom in school, contradicting a 2017 decision from the Seventh Circuit in Chicago which had drawn the opposite conclusion; this is referred to as a circuit split and can often lead to the Supreme Court stepping in to make a final decision on the matter. Justices avoided addressing the bathroom issue in the 2020 Bostock v. Clayton County, Georgia, decision, a case about discrimination against gay and transgender people, but the circuit split and the increased prevalence of children with transgender identities has pushed the bathroom debate to the forefront, according to the NYT.
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