After a five-year legal battle, a sharply divided federal appeals court Friday upheld a St. Johns County School Board policy that prevented a transgender male student from using boys’ bathrooms at a high school.
The 11th U.S. Circuit Court of Appeals, in a 7-4 decision, said the policy did not violate the constitutional equal-protection rights of Drew Adams, who was required to use a gender-neutral, single-stall bathroom or girls’ bathrooms while a student at Nease High School.
“The school board’s bathroom policy is clearly related to — indeed, is almost a mirror of — its objective of protecting the privacy interests of students to use the bathroom away from the opposite sex and to shield their bodies from the opposite sex in the bathroom, which, like a locker room or shower facility, is one of the spaces in a school where such bodily exposure is most likely to occur,” Lagoa, a former Florida Supreme Court justice, wrote.
Lagoa was joined in the majority opinion by Chief Judge William Pryor and Judges Kevin Newsom, Elizabeth Branch, Britt Grant, Robert Luck and Andrew Brasher — all of whom were appointed by Republican presidents. The dissenters — Jill Pryor, Charles Wilson, Adalberto Jordan and Robin Rosenbaum — were all appointed by Democratic presidents.
Adams enrolled the St. Johns County district in fourth grade, with information listing him as a female, according to court documents. But he entered high school in August 2015 as a transgender male. Lagoa focused heavily in the majority opinion on the school district’s interest in protecting the privacy of students in bathrooms and said the policy does not unconstitutionally discriminate against transgender students.
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