11th Circuit: Excluding Trans Students From Bathroom Not a Title IX Violation

In a long-awaited decision, the Eleventh Circuit Court of Appeals held on December 30, 2022, that a Florida school board could exclude a transgender high school student from the bathroom matching their gender identity without a constitutional or Title IX concern. A majority of the court held that restricting bathroom use by “biological sex” is proper and significantly furthers student privacy interests. Other judges dissented. That split, as well as the conflict between this decision and that in other appellate courts across the country, tees up the case for review by the U.S. Supreme Court. Read the case here: Adams v. School Board of St. Johns County, Florida.