Supreme Court Allows Transgender-Inclusive School Policies to Stand

May 28, 2019 • 12:00 pm

WASHINGTON – The Supreme Court today declined to hear Doe v. Boyertown Area School District, which challenged a Pennsylvania school’s transgender-inclusive restroom policy. The decision previously issued by the 3rd Circuit Court of Appeals will stand, allowing schools with similar guidelines to continue to support transgender students by allowing them to use the facilities that match who they are.

Freedom for All Americans’ CEO, Masen Davis, issued the following statement in response to today’s ruling:

“This news out of the Supreme Court is an enormous victory for treating transgender students fairly. Transgender youth should be able to focus on their education and building the most positive future for themselves as possible while at school, not worrying about whether they will face discrimination. Thankfully, courts are increasingly finding that schools must provide all students an equal opportunity to learn, including transgender students.”

The Boyertown lawsuit claimed that the school’s transgender-inclusive policy violated the Constitution and constituted sexual harassment. In 2018, only minutes after hearing oral argument in the case, the 3rd Circuit Court of Appeals ruled in favor of the policy. Aidan DeStefano was one of the transgender students at Boyertown High School impacted by the policy. Students like Aidan will now continue to be able to use facilities that match who they are.

The 2018 ruling in Boyertown came just days after a federal judge out of Virginia ruled in favor of Gavin Grimm, a transgender boy who suffered discrimination at his school. And in 2017, the 7th Circuit Court of Appeals issued a landmark ruling marking the first time a federal appellate court ruled unequivocally that transgender students are protected from discrimination under both Title IX and the Constitution. The suit was filed by Ash Whitaker, a 16-year old-boy from Wisconsin, whose school was forcing him to use the girls’ restroom.


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